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(영문) 광주지방법원 2017.01.12 2016고단4785
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 16, 2016, the Defendant is expected to have the victim obtain a personal taxi license from the victim while he/she was under influence of alcohol in the latter part of the Southern University located in the 77-ro of Gwangju Northern-gu, Gwangju at around 22:05 on September 16, 2016, when he/she was under influence of alcohol in the steering force of the victim B (53 tax).

However, the victim refused to do so, and made a blish and verbal abuse to the victim, and the victim saw a taxi on the front road of the F hospital located in the Gwangju Mine-gu, Gwangju, and made a blisher who did not desire to do so, and blish the victim's right arms and neck 2 to 3 times, the victim's cell phone was flished with 2 to 3 times, and the victim's cell phone was blished with his hand, and the victim's blished twice.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

2. On September 17, 2016, the Defendant continued to conduct an investigation on the grounds of the foregoing paragraph 1 before the H District of the Gwangju Mine Police Station H District located in Gwangju Mine G on September 22:30, 2016, the Defendant would not have I move her horse to her horse among the policemen belonging to the police station of Gwangju Mine, who had been under investigation on the grounds of the foregoing paragraph 1 before the H District of the Gwangju Mine Police Station located in Gwangju Mine-gu.

In this line, I tried to see "I" and tried to use the offline under his hand by force once by force.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to global guard service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the respective laws and regulations of J and I

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 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order;

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