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(영문) 인천지방법원 2018.11.30 2018고단7078
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 3, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.) went to a taxi operating around Seoul Seeds and seedlings and arrived at the Cheongyang-ri apartment of Dongdaemun-gu Seoul Metropolitan Government, a destination, for the victim C (73 tax) around September 13, 2018, but the Defendant returned to the surrounding area until the charge reaches KRW 10,000.

“The victim was the victim, who was a driver of a motor vehicle, and who was the driver of a motor vehicle, committed assaulting the victim, such as cutting the victim’s arms and cutting the back of the victim’s body, as the victim did not receive any charge.

2. Around September 3, 2018, the Defendant obstructed the performance of official duties within the E box located in Dongdaemun-gu Seoul, Dongdaemun-gu, and asked questions about the process of the occurrence of the case described in paragraph 1 by the assistant F affiliated with the above police box, and the Defendant expressed to the above F that “I would see that I would see that I would suffer from the Defendant’s new shock, and that I would see that I would see the face of the above F, and that I would see that I would like to see the new attack, and that I would like to see the body of the above F, with both hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of police reports and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Investigation report (verification of the symptoms of booms, video images and cell phones);

1. Application of the Acts and subordinate statutes that cut booms and cell phone image images;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor for each crime;

1. The aggravated punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated);

1. The Criminal Act, the suspension of execution;

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