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(영문) 인천지방법원 2014.07.17 2014고단3709
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around 23:30 on May 25, 2014, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) led to a franchise owned by the Defendant by the Victim F (Age 52) who is an agent of the Victim F (Age 52) to board the vehicle.

The Defendant, at the time of the passage of the “I” commercial building located in the Nam-gu Incheon Metropolitan City H, breathed the victim’s desire, and breathed the time, and breaddd the victim’s face by drinking to the right side, and breadd the victim’s face.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

2. Around 23:30 on May 15, 2014, the Defendant expressed a desire to “I” a slope K belonging to the Jannam Police Station of Incheon Southern Police Station, which was called “I” after receiving 112 reports, and called “I”, and obstructed the legitimate performance of duties by assaulting the police officer with regard to the handling of a report of dispatch by means of assault, such as: (a) the left face of the said K one time in drinking; (b) the head is going back to the right side; and (c) the head is going to go back to the right side; and (d) the Defendant continued to go to go to the head, thereby obstructing the police officer from performing his/her duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and K;

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;

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) Type 1 (Scope of Recommendation) of the Obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties) (Scope of Recommendation)

(b) Second crime (the point of violence against a driver) (the range of recommendations).

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