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(영문) 인천지방법원 2020.06.11 2020고단2315
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 March 11, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) was driven by the victim D (the age of 65) from the Dongdaemun-gu Incheon Metropolitan City to the roads in front of the C Emergency Office in Michuhol-gu, Incheon, from the Dong-gu to the roads in front of the C Emergency Office in Michuhol-gu, Incheon. On March 11, 2020, the Defendant was able to take the victim’s face and head on the ground that

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

2. The Defendant damaged the property by putting his cell phone in possession of the victim on the ground that the victim was slick at the time and place specified in paragraph 1, and broken the glass window.

Accordingly, the defendant damaged the victim's property.

3. On March 11, 2020, the Defendant committed assault, such as: (a) around G District G District located in Michuhol-gu Incheon, Incheon, and (b) the Defendant arrested the Defendant to flee at the site by the head of the G District in the Incheon Michuhol-gu Police Station G District, Incheon, which received the said D’s report, and arrested the Defendant as a flagrant offender; (c) the Defendant intending to flee at the site; and (d) the Defendant sprinkbbucks on the right-hand right-hand side of the said H, walking the sprink

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to H and D;

1. Application of Acts and subordinate statutes on video records of damaged articles, such as photographs, police boom campaigns, and taxi booms video records;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment);

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 on probation and community service order;

1. The scope of punishment by law:

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