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(영문) 창원지방법원 2021.01.07 2020고합260
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 8, 2020, the Defendant: (a) 22:30 of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as assault by a driver) went on the back seat of C-si located in the back seat of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the 14 days

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

2. On July 8, 2020, the Defendant, at around 23:40 on the road of the emergency room of the E hospital located in Kimhae-si, and on the road of the 112 report that the Defendant was under the influence of alcohol, committed assault, such as assaulting the face of G with the front left hand of the police box, who was demanded by G to file a petition from the police officer who belongs to the police box of the assistant police station, on the Kim Jong, who is going to the Defendant’s hospital.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, B, and H;

1. A police officer's photographic photopic campaigns, CDs, taxi stuffs video CDs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) and Article 136 (1) of the Criminal Act (the occupation of obstructing the performance of public duties and the selection

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of punishment by law: Imprisonment;

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