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(영문) 부산지방법원 2017.10.26 2017고단3955
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On July 29, 2017, around 02:20, the Defendant: (a) on the street in front of the “D gas station” located in the Busan Eastdong-gu, Busan; (b) on the part of the victim E (64), was moving to the back seat to the back seat, and without any justifiable reason, assaulted the driver of a vehicle in operation by putting the shoulder and neck of the victim who was driving the vehicle into hand, and damaged the victim’s vehicle by booming the shoulder and neck on hand; and (c) removed the defluence device in the market value, which is the victim’s possession while moving the vehicle to the front seat of the vehicle to stop.

2. On July 29, 2017, around 02:30, the Defendant obstructed the progress of the vehicle in front of the vehicle operated by the victim H (40 years old) in the front of the Busan Dong-gu G, Busan, without any reason, and the victim resisted from the vehicle to the vehicle, and assaulted the victim's chest and the part of the vessel in hand.

3. On July 29, 2017, at around 02:40, the Defendant was subject to an act of assault as described in paragraph (2) from the slopeJ affiliated with the Busan East Police Station I District, which was called out after receiving 112 reports at the same place as described in paragraph (2) above, and the Defendant was subject to the control of the act of assault as described in paragraph (2) from the J.

The term "inducing the desire to be called, assaulting the J's breast by hand, and obstructing the legitimate execution of duties concerning the prevention, suppression and investigation of the police officer's crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, H and J;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant 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), Article 366 of the Criminal Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The Defendant, on the grounds of sentencing in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, assaults a driver operating a vehicle and prevents the operation of another vehicle.

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