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(영문) 부산지방법원 서부지원 2019.06.12 2019고단89
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. Around December 27, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) threatened the victim, who is the driver of the above taxi, in operation, with the phrase “the victim, who is a driver of the above taxi, may die at the next knife knife knife, and can die at the same knife knife knife knife,” within the G taxi in the direction of the victim F (71 years old) from the front knife knife knif

2. At around 03:50 on December 27, 2018, the Defendant: (a) threatened the police officer I, who was arrested and detained as a flagrant offender due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.) against F, as in the H District of the Busan Man Police Station, and assaulted the I’s knife with the hand floor at one time.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers related to the suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and I;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (limited to concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act: (a) considering the fact that the Defendant again committed the instant crime even though he had the same criminal history as several times; and (b) the fact that the content of the instant crime is not good, it is necessary to strictly punish the Defendant.

However, the fact that the defendant recognizes the crime of this case, repents his mistake, and does not repeat the crime.

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