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(영문) 대구지방법원 서부지원 2017.06.22 2017고합71
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On January 28, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed an injury to the victim’s scam and tensions that require approximately two weeks of treatment by scambling the head of the victim’s scambling apartment at approximately two weeks by putting the head of the victim’s scam and tension, who scam in front of the Daegu-gu Seogdong-gu, the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area adjacent to the area of the Seogdong-gu, Seogu, Daegu-gu, Daegu-gu, and the area adjacent to the mountain (72).

2. On January 29, 2017, the Defendant interfered with the performance of official duties by the police officer who is dealing with the instant cases at the Daesong F Police Station in Daegu-gu, Daegu-gu, and the police box in charge of the instant case at the police box of the Police Station F of the Police Station in Daegu-gu, and obstructed the police officer’s legitimate performance of duties in relation to the prevention, suppression, and investigation of the police officer’s crime by assaulting the instant G buckbucks that the police officer would stop the Defendant, and attempted to walk up with the Defendant by walkinging the bucks of the said G with the bucks that the police officer would stop. In short, the Defendant obstructed the police officer’s legitimate performance of duties in relation to the prevention, suppression, and investigation of the crime by assaulting the said G bucks twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Application of each statute on photographs;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of a driver's injury) concerning the crime, Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice of imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the maximum term of two crimes is aggregated);

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the Criminal Act (Calculation of the following favorable sentencing grounds):

1. Article 62 (1) of the Criminal Act on the stay of execution (resumed for the following favorable sentencing grounds):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months from June to June 17 months; and

2. The scope of punishment recommended according to the sentencing criteria; and

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