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(영문) 부산지방법원 동부지원 2015.04.24 2015고합20
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and 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 January 28, 2015, when the victim C (the age of 68) gets on a D taxi near the customary market located in the seat of Busan Maritime Daegu Do.

At around 02:30 on the same day, the Defendant, while under the influence of alcohol on the same apartment front of the same apartment in Busan metropolitan Daegu Metropolitan City, was in need of approximately two weeks of medical treatment for the victim by putting the Hand of the si on his hand on the brea, on the ground that he did not drive it as the part of the victim's desire.

2. Around 02:50 on January 28, 2015, the Defendant insultd the victim under the above paragraph (1) on the ground that the Defendant was arrested as a flagrant offender on the same background as the above paragraph (1) in the Busan Shipping Daegu E District, the victim F and G, who is a police officer belonging to the Busan Shipping Police Station E District, are more than the width. The victim F and G, who is a police officer belonging to the Busan Shipping Police Station E District, are more than the width. The victim must be frighter. A bitch fright, a bitch fright, a bitch fright. A bitch son is an assistant to H members of the National Assembly. A bitch fright, a bitch bitch fright, a bitch fright, a bitch, a bitch. The police officer publicly insultingd the victims by publicly expressing that the victim was fright."

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, F, and G;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate), and a medical certificate;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act, and Article 311 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for insult of a victim F with heavier punishment, between the crimes of insult, and between the crimes of insult);

1. Selection of imprisonment with prison labor as to the crime of insulting the sentence;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the Act on the Aggravated Punishment, etc. of Specific Crimes (the crimes, such as driver, assault, etc. which are heavier)

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