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(영문) 대구지방법원 포항지원 2020.01.16 2019고단1483
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 15, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) committed assault to the victim’s head, who was a substitute driver, on one occasion at the back seat of the EPoter cargo vehicle driven by the victim D (the age of 54) who was a substitute driver, around the 19:48 North-Gu Mapo-gu Mapo-si B, Mapo-si.

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

2. At around 21:01 on September 15, 201, the Defendant: (a) visited the G police box located in Nam-gu, Southern-gu, for the reason of the instant case under paragraph (1); (b) and (c) the chief of the police box affiliated with the said police box, who was a patrol employee, told the Defendant to the effect that “the Defendant shall receive the case after drinking,” and (d) on the ground that he does not deal with the instant case according to his opinion, the Defendant committed assault with the part of the instant H by her hand, i.e., “h., f., f., f.,” and “n., f., f., f., f., f., f., f., of the instant police box,” and f.e., b

Accordingly, the Defendant interfered with the legitimate execution of duties concerning police officers' patrol service.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. A written statement of I;

1. List of work days and 112 reported cases;

1. Application of each statute on photographs;

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 on the Aggravated Punishment, etc. of Specific Crimes for which the relevant Act and the punishment are selected

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

A. First Crimes (Obstruction of Performance of Official Duties) (Determination of Punishment).

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