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(영문) 대구지방법원 포항지원 2015.06.18 2015고단71
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

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) was committed by the Defendant on October 29, 2014 to D-si operated by the victim C (the age of 63) with the first driver at the Young River located in the north-gu Office at Port on October 29, 2014.

At around 22:15 on the same day when the Defendant was going to a destination on the back of the taxi, the Defendant expressed that “F” in the north-gu E at the port of port was in the front of the “F” on the same day, and had the victim’s face at least six times due to his/her hand, who was driving in the middle of the taxi.

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

2. On October 29, 2014, around 22:35, the Defendant obstruction of performance of official duties: (a) arrested a flagrant offender on the front of a pair apartment line located in the northwest-gu, Mana-gu; (b) was arrested by the security guards belonging to the Posi Police Station, etc. of the Pohang-gu, and was transferred to the front of the G police box located in the Northwest-gu, Mana-gu, Mana-si; and (c) the police officers assigned to the same police box, who had been in the situation within the G police box, transferred the G police box to take custody of the Defendant’s believers.

After getting down from the patrol car, the Defendant assaulted one time with the back of theJ without any reason.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C and J;

1. Application of Acts and subordinate statutes to a copy of the service log of the G police box;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against Criminal Crimes, the relevant Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment);

1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment);

1. Article 62(1) of the Criminal Act:

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