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(영문) 부산지방법원 동부지원 2013.09.04 2013고단2219
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

except that 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. Around 02:45 on June 30, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) (hereinafter “Aggravated Punishment, etc.”) committed two times a cell phone with the victim who was under the direction of the direction of the middle line (age 62) in Busan metropolitan traffic Daegu, and was under the influence of the victim on the ground that the victim returned to the road, and made two times a cell phone with the victim who was under the influence of alcohol and hand while under the influence of alcohol while drinking.

2. On June 30, 2013, at the same place as the preceding paragraph, the Defendant: (a) arrested the Defendant as a flagrant offender on the ground of the preceding paragraph; (b) arrested the victim D(46) who is a police officer belonging to the Busan Coast Guard, who was called the Defendant, and was sitting back to the back seat of the patrol vehicle on the ground of the preceding paragraph; (c) called “the victim who was sitting back to the back seat of the patrol vehicle”, and as a result, “the victim was forced to sell the victim’s right at one time until the spulp, spulp, spulp, and the end, two times, and two weeks of the victim’s spulfy, and at the same time, interfere with the police officer’s legitimate arrest of a flagrant offender.

3. On June 30, 2013, around 03:20, the Defendant obstructed the performance of duties regarding the legitimate criminal investigation by the police officer of the next police station of the Busan Coast Guard, the Busan Coast Guard, the Busan Coast Guard, the Busan Coast Guard, the Busan Coast Guard, and the said D, who seeks to verify and discover the Defendant’s personal information and to file an interesting Defendant, thereby obstructing the Defendant from performing his duties on the part of the police officer of the next time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning B and D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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