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(영문) 대구지방법원 2020.12.22 2020고단5421
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for 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. On September 11, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Drivers) (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 Drivers) committed several assaults on the face of D and assaults of the Defendant against D against it on the same day, when the Defendant stopped on the F taxi driven by the victim E (the South and the age of 73) under the influence of alcohol in the street near the "C" located in the Daegu Dong-gu, Daegu-gu, Daegu-gu, Seoul-gu, and returned to Korea. On the same day, at around 18:55, the Defendant tried to open his own door in front of the G-gu, Daegu-gu, Daegu-gu, Daegu-gu, 18:5, and tried to stop on the side near the said subway, while the victim was "humping" as the victim's head.

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

2. On September 11, 2020, the Defendant damaged public goods: (a) was arrested by police officers belonging to the Daegu East-gu Police Station, Daegu-gu, Daegu-gu, Daegu-gu, 245, on the same ground as the preceding paragraph in the second street of the Gayang-gu, Daegu-gu, Daegu-gu, 202 and was dispatched to the custody room of the Daegu-dong Police Station located in 209, a flagrant offender arrested by the police officers belonging to the Gaan-gu, Daegu-gu, Daegu-gu, 202; (b) the Defendant caused the damage to the public goods at hand to tear the breast-do, which was in his market price in his possession, and continuously caused the damage to the equipment that caused the amount of KRW 158,000, repair cost by putting four Yan-do, which was installed at the wall of the toilet in the above detention room at 12:03 on the 12th of the same month.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to report internal investigation (the place of work in a detention room and attachment of an investigation report), report of internal investigation (damage to public goods in a detention room and confirmation of CCTV images);

1. Article 5-10 (1) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the relevant criminal facts and the choice of punishment.

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