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(영문) 부산지방법원 2017.02.08 2016고단8180
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

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

Reasons

Punishment of the crime

1. Around November 22:25, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault) was under the influence of alcohol in the hot spring market “hot spring market” located in the Busan Dong-gu, Busan, and returned to E apartment that is the Defendant’s residence, and without any justifiable reason, the Defendant gets into “a taxi set up and unloaded” without any justifiable reason.

Magress, Magress

“At the time of the victim’s head by hand”, the victim’s head was met.

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

2. The Defendant, at the entrance of the 1st tunnel of the Mandip, continued to flab, at the above time of the above day, committed assault, such as, on the one hand, the Defendant, at the entrance of the “1st tunnel of the Mandip. 1”, who was dispatched from the above D, the police officer belonging to the F District of the Busan East Police Station of the F District of the Busan East Police Station, called “Choe, n, n.e., h., h., the face of the above G at one time by hand, as H, who was a police officer belonging to the same district group, was flabbbbbbbbbb, and h., h., at one time, h’s face was flad.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, H and D;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 136 (1) of the Criminal Act concerning the crime (selected of imprisonment with labor);

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to obstruct the execution of official duties by assaulting the victim D while driving a taxi as above, and assaulting the police officers dispatched to the crime, and the nature of the crime is bad.

However, there are no criminal records of the defendant, the same kind of criminal records and the suspension of execution.

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