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(영문) 인천지방법원 2014.08.14 2014고단4499
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six 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

A. Around 00:25 on July 1, 2014, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) committed assault by the method that the victim gets on board the back seat of F-si, which is driven by the victim E (the age of 46) in the south-gu, Incheon Metropolitan City, and 107, and was able to take a bath for the victim’s returning to his/her destination while returning to his/her destination, while returning to the North Korean elementary school north Korea in the south-gu, as a destination, he/she was able to take the back of his/her destination.

B. On July 1, 2014, at around 01:20, the Defendant used a taxi driver within the H District G located in Nam-gu Incheon Metropolitan City, to take a bath in the course of committing an act of committing an act of committing an offense, and attempted to leave the earth, and the police officer I (28 years of age) belonging to the H District Unit in the Southern East-dong Police Station (H Zone 28 years of age) prevented him from her, and sited on the front seat, and assaults the victim at one time the victim’s left-hand knives by using a method of 30 secondsing the right-hand side of the infant, thereby obstructing the police officer’s legitimate execution of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements to I and E;

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

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation: The Defendant’s assertion that at the time of committing the instant crime regarding the claim for mitigation of mental or physical disability under Article 62-2 of the Criminal Act, at the time of committing the instant crime, the Defendant was in a state of mental or physical disability. In light of all the circumstances, such as the background and content of the crime recognized by the aforementioned evidence, and the Defendant’s behavior before and after the crime, the Defendant has weak ability to discern things or make decisions.

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