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(영문) 서울중앙지방법원 2019.05.29 2019고단1743
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. On January 7, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) committed an assault against the driver of a motor vehicle being driven by the victim D (the age of 52) under the influence of alcohol in front of the Seoul hotel located in Seocho-gu Seoul Metropolitan Government, who was driven by the victim D (the age of 52) on the top of the steering line for the motor vehicle E in Seocho-gu, Seocho-gu, Seoul, without any special reason.

2. On January 7, 2019, the Defendant: (a) committed assault by the Defendant at G District located in Seocho-gu Seoul Metropolitan Government F, on January 7, 2019; (b) the head of H slope belonging to the said G District, which was waiting for the investigation of the criminal facts of paragraph (1).

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and H

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

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, Article 60 (3) of the Juvenile Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Class 2 crime [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes [Determination of Punishment] Violence / [Class 1] General Violence (Special / Aggravated Punishment) mitigated elements: In a case where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of recommending areas and recommendations).

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