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(영문) 부산지방법원 동부지원 2015.12.16 2015고단1720
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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 of the final judgment.

Reasons

Punishment of the crime

1. On October 13, 2015, the Defendant: (a) boarded the back seat of G-si operated by the victim F (56 years of age) in front of the D hotel E club located in Busan Dong-gu, Busan; and (b) brought assault to the victim on the ground that he/she runs on another way, not in the length he/she thought, while going into the Busan Maritime Transportation Daegu, on the ground that he/she is going to run on a way, not in the length that the Defendant thought.” On the other hand, the Defendant saw the victim as “I fright down his/her tending, and will go to a way, not in the length that the Defendant thought.” On the other hand, the Defendant sawd the victim’s timber behind his/her head debt.

2. At around 23:00 on the same day, the Defendant: (a) was arrested by the above F’s report; (b) tried to open a door while investigating the circumstances of the instant case; and (c) tried to restrain the police officer from doing so; (d) the Gyeong K called “this spe, young spons”; and (c) the head of the Gyeong K at one time at one time in drinking; and (d) obstructed the police officer’s legitimate performance of duties concerning the investigation of the instant case by assaulting him.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to J and F

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 concerning criminal facts, 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., the reflection of the fact that there is a conflict and an agreement with the victim F);

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