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(영문) 수원지방법원 2016.11.10 2016고단5494
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around 00:10 on September 6, 2016 to around 00:30 on the same day, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) stated, “I am dead. I am dead. I am dead. I am dead. I do am. I do am. I do am. I do am. I do am. I do am. I do am. I do am. I do am. I do am. I do am., I do am. I do am. I do am. I do am., I do am. I do am., I do am., I do am. I do am., I do am. I do am., I do am. I do am., I do am., I do am., I am., the destination of the taxi and died from the taxi.”

Accordingly, the defendant threatened the driver of a vehicle in operation.

2. At around 00:40 on September 6, 2016, the Defendant: (a) was on the street in front of the 75-1 ancient distance from Suwon-si, Suwon-si; (b) the circumstances leading up to the police station affiliated with the Suwon Police Station, which received 112 a report, listen to the circumstances of the instant case; (c) arrested the Defendant as a flagrant offender suspected of intimidation; and (d) attempted to board the Defendant on the back seat of the patrol vehicle; and (c) laid down C’s breath by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement protocol statute to B and C

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, the choice of imprisonment with prison labor for each crime;

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 under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances) prevents the execution of official duties by threatening a driver and breathing a police officer.

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