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(영문) 광주지방법원 2014.10.14 2014고단3075
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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. Around August 23, 2014, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”) boarded the victim D (Nam and 44 years of age) on the back seat of the E-cab, and refused to take alcohol and exercised violence against the victim, even though he arrived at Samsung apartment located in Samsung-ro 124, a 124-ro, the north-gu, Gwangju, the 23:45 day of the same day. The victim was able to take care of the victim while driving a taxi in the vicinity of the Gwangju Northern Police Station.

In this regard, the defendant, who was driving on the ground that he is bad, committed assaulting the driver of a vehicle in operation by putting the part of the victim's neck in hand by hand, etc., and putting his face and the part of his head into several hands.

2. On August 9, 2014, the Defendant, while boarding the cab of the above D driving, continued to use violence against the victim after going to the front of the 172 west-ro of the Gwangju Northern Police Station located in Gwangjubuk-gu, Gwangju, the Defendant expressed his desire for the above police officer to “Ae-Ie-Ie-Ie-Ie-Ie-Ie-Se-Ie-Ie-Ie-Se-Ie-Se-Ie-Se-Ie-Se-Se-Ie-Se-Ie-Se-Ie-Se-Ie-Ie-Se-Ie-Se-Ie-Se-Ie-Se-Ie-Se-Ie-Ie-Se-Ie-Ie

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F, G, and D;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment with prison labor, respectively;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] is final according to the increase of multiple offenses in the basic area (six months to one year and four months) of the obstruction of performance of official duties.

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