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(영문) 대구지방법원 2020.06.18 2019고단6056
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 13, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed an assault against the victim’s coaches and ears on the back seat of D taxi operated by the victim C (58 years of age) in front of the Daegu-gu B market, Daegu-gu B market, by taking advantage of the back seat of D taxi, without any justifiable reason at any time around the passage of the Agu Nam-gu Gyeong-gu Gyeongk-dong-gu Gyeongk-dong-gu Gyeongk-dong-gu Gyeongk-dong.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. The Defendant damaged the victim’s property by cutting off his/her 120,000 won at the time and place specified in paragraph 1, 120,000 won at the market price of the victim’s head at the place and cutting down the 150,000 won at the market price of the victim’s wearing. The Defendant destroyed the victim’s property by cutting off the 1.2 million won at the market price.

3. On August 13, 2019, the Defendant: (a) obstructed performance of official duties, at around 17:09, 55, the South Daegu-gu Daegu-gu, Daegu-gu, Daegu-gu, where he had flaps around the 112 notification that “the taxi passenger gets satise and satise back from the back,” and flaped the face of the said f at one time by hearing the question of “Isson Park Jong-gu” from the police officer F of the Daegu Southern-nam Police Station Esaton where he was called.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Investigation report (attached a written diagnosis of injury C) - The application of Acts and subordinate statutes to the injury diagnosis report;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 366 (1) and 136 (1) of the Criminal Act, the choice of imprisonment with prison labor

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. Probation Act;

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