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(영문) 춘천지방법원 강릉지원 2016.04.21 2016고단32
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 December 29, 2015, the Defendant: (a) committed a violation of the Punishment of Specific Crimes Punishment Act (Assaults, etc.) on the roads before the “Celel” located in B in the East Sea; and (b) arrived at the E-si operated by the victim D(53) in front of the E-si located in the East Sea.

When the victim demands the taxi expenses, the defendant is able to see the victim's tin in the East Sea.

We have threatened her "I see".

Therefore, in order to report, a person suffering from frightage, frighting to move to the F district of the police station in the East Sea, frighting the victim's clothes by hand, frighting the victim's clothes, and assaulting the driver of a motor vehicle in operation.

2. On December 29, 2015, the Defendant: (a) at the F District Parking Site in the Dong-gu Police Station in Dong-gu, Dong-gu, Dong-dong, G around 01:30 on December 29, 2015, the Defendant: (b) told the police officer, who was the police officer belonging to the F District, who was reported by D, to pay for taxi expenses and return home; (c) stated that “the said police officer shall grow up to go up to go to the fright of the f District; and (d) took a fright of the said police officer, she interfered with the legitimate performance of public duties concerning the police officer’s handling of reporting duties by assaulting the police officer, who was the police officer belonging to the F District, who was reported by D on the damage caused by D.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to H and D;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by drivers) and the choice of imprisonment under Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

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. The reason for sentencing under Article 62(1) of the Criminal Act reflects the crime that has no previous offense except for a fine imposed on driving under drinking in 2008, and agrees with the victim of the assault committed by the driver;

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