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(영문) 창원지방법원 통영지원 2017.07.19 2017고단708
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

However, the execution of the above punishment is suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 7, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed at around 01:30 on February 7, 2017, when he gets a D taxi operated by the victim C (49 tax) in the Gero-si, Gero-si, and moved to E apartment in the city, he saw the victim's face one time due to the problem of taxi rain.

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

2. On February 7, 2017, the Defendant, who obstructed the performance of official duties, was reported on the street above the entrance of the E apartment at the time of the entrance of the E apartment at the time of 02:00, and was dispatched to the F District G (27 years old) of the police officer G (27 years old) belonging to the F District, who was called the Defendant, and was under the same influence of alcohol.

"라고 수회에 걸쳐 말을 하였으나 " 이 씹할 새끼들 아, 왜 나보고 집으로 가라고 하 는냐, 이 씹새끼들 아, 호로 새끼들 아. "라고 반복적으로 심한 욕설을 하면서 이마 부위로 위 경찰관의 가슴 부위를 2-3 회 들이박고, 주먹을 쥔 상태로 팔 부위를 1회 내리치고, 오른쪽 팔꿈치 부위로 위 경찰관의 얼굴 부위를 1회 때리는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and C;

1. A H statement;

1. 112 Reporting case handling table;

1. Statement of opinion;

1. Application of Acts and subordinate statutes to photographs and field photographs of the victim's upper part of the body;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. From one month to seven years and six months of imprisonment with prison labor within the applicable sentencing range by law; and

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall interfere with the performance of official duties (the suspension of the performance of official duties shall be hindered.]

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