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(영문) 춘천지방법원 강릉지원 2017.03.16 2016고단1575
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 8, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc. of Drivers) (hereinafter referred to as the “Aggravated Punishment, etc.”) committed an act of putting the victim and the passenger in the back seat of the E-tax that is driven by the victim D (38 years of age) up to time due to the problem of taxi fees, when he/she took the part of the victim who was driven one time as his/her hand.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. 공무집행 방해 피고인은 2016. 8. 8. 22:28 경 위 1 항 기재 장소에서, 112 신고를 받고 출동한 여수경찰서 F 지구대 소속 순경 G 등이 피고인을 폭행의 현행 범인으로 체포하여 순찰차에 태우고 지구대로 이동하자, 갑자기 “ 내가 뭘 잘못했냐

C. He expressed his blick blick blick "," and blicked twice the left head part of G with the drinking.

Accordingly, the defendant interfered with legitimate execution of duties regarding the suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim D phone);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The basic area of interference with the performance of official duties (the scope of recommended punishment) and the basic area (the interference with the performance of official duties and coercion of duties) of category 1;

2. Where he/she assaults a driver of a motor vehicle in the mitigation area (one month to eight months) (a person with a special aggravated punishment) (a person with a special mitigated punishment) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a person with a special mitigated punishment) (a person with a minor mitigation) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

3. Finality due to the increase of multiple offenses.

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