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(영문) 대전지방법원 서산지원 2016.04.14 2016고단26
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On December 15, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed assault on one occasion at the time of using the victim’s right spawning at the intersection of the Taean Military Court located in the 71 Eup/Myeon located in the same Eup/Myeon (60 years old) in front of the victim’s E-cab seat and returned to the back seat of the same Eup/Myeon.

2. On December 15, 2015, the Defendant obstructed the performance of official duties, who was arrested to G in the act of committing an act in the act of committing a crime, and was dispatched to the police station located in Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-gun, the National Police Station F District of Chungcheongnam-do, which was called up after receiving 112 reports in front of the court of Taean-Gun, and transferred to the police station located in 327, Chungcheongnam-do, Chungcheongnam-do.

around 01:50 on December 16, 2015, the Defendant: (a) committed assault on the part of the Defendant, who escorted the said G G, in the course of resistance, with a view to not entering the entrance door of the first floor of the Chungcheongnam-gu Police Station, Chungcheongnam-do; and (b) assaulting the said G, which had escorted the Defendant one time following the Defendant.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of the Acts and subordinate statutes to each damaged photograph, boom, and video CDs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment: Imprisonment with prison labor, respectively, under Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assaulting drivers), Article 136 (1) of the Criminal Act (the point of obstructing the performance

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (see, e.g., initial crimes and agreements with victims D);

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