logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2019.07.11 2019고합82
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On February 8, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) was on board the 263 North Korean Coast Guard, as the superintendent of the Gangseo-gu Busan Metropolitan City, in front of the 263 North Korean Coast Guard, and was under the influence of alcohol while under the influence of alcohol in front of the EM factory located in Busan Metropolitan City D, while he was under the influence of alcohol and took a breathic bath for the victim’s right side with his hand and took a breathic turn on the victim’s hand.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

2. 공무집행방해 피고인은 같은 날 01:15경 부산 사상구 F에 있는 G파출소 안에서, 부산사상경찰서 G파출소 소속 순경인 피해자 H(남, 33세)로부터 제1항 기재 혐의에 관해 조사를 받던 중 욕설을 하면서 손가락을 튕겨 피해자의 얼굴 부위를 때리고, 양손으로 피해자의 가슴을 밀치고, 발로 피해자의 정강이를 걷어차는 등 폭행하였다.

As a result, the defendant assaulted police officers, thereby hindering police officers from performing their legitimate duties concerning investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B and H;

1. Application of Acts and subordinate statutes to the victim B's body photographs, the background and circumstances of the victim B's photograph, and part of the deceased I's photograph;

1. Article 5-10 (1) 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 for the Punishment of Specific Crimes [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and Selection of Imprisonment] and Article

1. The former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment heavier than that provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Article 62 (1) of the Suspension of Execution Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of punishment by law: One month to seven years;

arrow