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(영문) 인천지방법원 2016.07.14 2016고단3115
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 14, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers) was on the back of the 340 old citizen hall, a light-ro 32:35, the south-gu Incheon Metropolitan City, and was on the back of the c-house for business purpose operated by the victim B (57 years old) while under the influence of alcohol. Without any reason, the Defendant assaulted the victim at the right side of the victim who is driving in his/her hand two times, and at the time of one time, the victim was on the back.

2. The Defendant assaulted, at the same time and place as set forth in paragraph (1) above, the victim’s taxi driver’s seat in the victim’s taxi while driving with the victim B, against the victim D (26 years old) where the victim was frighted, in turn, at the victim’s seat, on three occasions in the victim’s left eye.

3. The Defendant, as described in paragraphs 1 and 2, arrested the victims on the charge of committing an act in violation of the duty, and moved to the F box located in Nam-gu Incheon Metropolitan City E on the same day. At around 23:09, the above F box 23:09: (a) was dumped to the police officer G, who was sitting in a police officer’s seated on several occasions or more; (b) there was a defect that the police officer attempted to inflict on the Defendant; and (c) by force, the police officer’s right knife of the said G with the hand-on knife at one time, interfered with the legitimate execution of duties concerning the investigation into the crime of the said G by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to B, D, and G;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes Concerning the Crime (the use of violence, the selection of a punishment by imprisonment), Article 260 (1) of the Criminal Act (the occupation of violence, the selection of a punishment by imprisonment), Article 136 (1) of the Criminal Act (the occupation of obstructing the performance of public duties, the selection of a punishment by imprisonment

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the background and content of the crime in this case, and the result thereof.

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