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(영문) 대전지방법원 2016.12.28 2016고단3487
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. On July 1, 2016, the Defendant assaulted the driver of a motor vehicle in operation, such as: (a) around 21:45, while the Defendant was on board the back seat of a taxi operated by the victim E (the age of 66) at a hospital located in Seo-gu Daejeon, Daejeon, and moved to a destination, and (b) around 21:45, at around 21:45, the Defendant used the driver of a motor vehicle in operation, such as: (c) the victim’s back to the fluence, which had been on the fluence, for drinking while drinking around the Southern Fire Station; (d) twice the victim’s back to the fluence, who was on the fluence, was fluened for more than three times on the head of the victim; and (e) the driver

2. 공무집행방해 피고인은 2016. 7. 1. 21:55경 대전 서구 복수서로 47에 있는 대전서부경찰서 현관에서 위와 같이 택시 기사를 폭행하였다는 신고를 받고 출동한 대전서부경찰서 F지구대 소속 경위 G에게 “개새끼야”라고 욕설을 하며 주먹으로 G의 가슴 부위를 1회 때리고, 계속하여 22:10경 대전 서구 H에 있는 대전서부경찰서 F지구대 주차장에서 “이 새끼야, 내가 뭘 잘못했어”라고 욕설을 하며 주먹으로 G의 가슴과 배 부위를 3회 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the control and investigation of crimes by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of the Acts and subordinate statutes to investigation reports (to attach on-site CCTV photographs);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act on the Punishment, etc. of Specific Crimes, 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 (i.e., confessions and reflects, the absence of the same criminal records, and the agreement with the victims) in the suspension of execution;

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