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(영문) 인천지방법원 2019.02.01 2018고단8268
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 29, 2018, the Defendant considered that the victim did not move according to his/her direction while getting in and moving to a D taxi driven by the victim C (the age of 55) before the Michuhol-gu Incheon, Michuhol-gu.

The Defendant, “at first talked with the beginning”, “at the beginning, I would have come to the beginning of the past, and I would have come to do so, I would have come to do so,” and the victim, who slicked the Defendant and slicked the other cab.

As a result, the Defendant committed violence against the victim's right knife at the right knife once, thereby allowing the victim who is playing the knife to stop the said taxi rapidly.

2. The Defendant was demanded to return home from the staff F of the Michuhol Police Station E-gu, the Michuhol Police Station E-gu, who was called out after receiving a report at the time, place, and 112 as stated in paragraph (1).

The Defendant, therefore, committed assaulting Gman's body on several occasions in the head-ro, with a sound called "Sagles, saves, and saves, saves, saves, and saves, saves, saves, and saves."

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement of victim C;

1. Application of Acts and subordinate statutes to internal investigation reports and investigation reports (report on the confirmation of the attached black images);

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

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (limited to concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the quality of crimes);

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.

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