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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. 특정범죄가중처벌등에관한법률위반(운전자폭행등) 피고인은 2020. 04. 19. 00:10경 서울 노원구 동일로 992-1에 있는 태릉입구역 부근 도로에서 피해자 B(73세)이 운전하는 C 개인택시 조수석 뒷좌석에 승객으로 탑승하여 목적지인 서울 송파구 D아파트로 가던 중, 같은 날 00:36경 서울 송파구 올림픽로 265에 있는 잠실역 사거리 부근 도로에 이르러 피해자가 길을 돌아간다는 이유로 피해자에게 욕설을 하며 피해자의 오른쪽 어깨 부위를 오른발로 1회 걷어찼다.
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
2. At around 01:20 on April 19, 2020, the Defendant prepared a written statement, such as the facts described in paragraph (1), at the F District of the Song Police Station located in Songpa-gu Seoul, Songpa-gu, Seoul, and then took a bath at a large number of times in the situation where the said district is affiliated with the said district, “sick sick sick sickt”, and used it on the floor by blurbbbing the plastic material containing the dangerous contents of the plastic material cited by the sick sick sick.
Accordingly, the defendant carried dangerous articles and interfered with the legitimate performance of duties by police officers on the maintenance of order, crime prevention and investigation.
Summary of Evidence
1. The defendant's partial statement B and the police statement of each police station in G;
1. Application of the Acts and subordinate statutes to the F Area CCTV images, CCTVs, photographs and diagnostic records in the global belt, of each written statement of B and H;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 144 (1) and 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Determination of the assertion of the defendant and defense counsel under Article 62-2 of the Criminal Act of the community service order.