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(영문) 수원지방법원 2020.10.22 2020고단3659
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around 01:03 on May 17, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) committed an assault on the part of the victim, who was under the influence of alcohol by the victim C (the victim 62 years of age, south) on the back seat of D-si operated in Switzerland, and was in the direction of the E-Simor apartment in Switzerland, the destination of which is the destination. On the one hand, H, the Defendant, who was at the front of the F-Si, paid money to the victim as the rent, but when the victim demanded additional money, he committed an assault on the part of the victim,

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. On May 17, 2020, the Defendant got to the Jancheon Police Station located in Chuncheon City on the same ground as above. After verifying the personal information, the Defendant strongly abused K’s chest on one occasion by drinking to the left side of the said earth, who was solicited to return home from K(S) in the circumstances where the said earth belongs, after verifying the personal information.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. C’s statement;

1. Application of six on-site photographs in Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and community service order is that each of the crimes in this case is not good, and the defendant has the record of being punished for suspended execution due to the same crime.

The police officer did not receive a letter from the damaged police officer.

However, there is an agreement between the defendant and the driver, and the crime during the period of suspension of execution is committed.

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