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(영문) 수원지방법원 2014.10.14 2014고합341
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 May 28, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Drivers, Violence, etc.) set off a bus No. 6900 square meters in front of the front members and the driver E (the age of 50) at the intersection of the upper East East East-dong Station in the Suwon-si Metropolitan Area, but was refused on the ground that it was not the bus stop, the Defendant set off a part of the victim’s inside the bus with the bicycle fitness one time, and set up an open room for the victim for approximately 14 days to receive medical treatment.

2. On May 29, 2014, the obstruction of performance of official duties and the Defendant injured the victim’s H (34 years of age), etc., who is a police officer belonging to the said patrol group, was arrested in a flagrant act for the same reason as that set forth in paragraph (1) at a parking lot in front of the G District G DistrictF located in the G DistrictF of Chungcheongnam-si on May 29, 2014, interfere with the police officer’s performance of duties concerning the suppression, etc. of the crime by taking the victim’s left side side at one time, and at the same time, the victim spawned the left side in need of treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant (as of the third trial date);

1. Each legal statement of witness E and H;

1. Investigation report (in-depth matters);

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the crimes of obstruction of the performance of official duties and the crimes of bodily injury which are more severe);

1. Selection of imprisonment with prison labor for the crime of elective injury;

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

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The gist of the assertion is that the Defendant merely stops a bus driven by the victim E while stopping. This is stipulated by the law.

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