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(영문) 대구지방법원 2020.05.20 2020고단313
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

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 November 8, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) (hereinafter “Aggravated Punishment, etc.”) on the part of the victim C (60-year-old) in the vicinity B of Daegu North-gu, Daegu-gu, Daegu-gu, Seoul-gu, where he was scheduled to pay the taxi fee from the victim in front of the apartment site of the Daegu-gu, Daegu-gu, where he was forced to pay the taxi fee, while under the influence of alcohol, was boomed into a

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

2. At around 01:01 on November 8, 201, the Defendant: (a) committed assault, such as: (b) on the street of the Daegu East-gu apartment building E, Daegu-gu, upon receiving the notification of paragraph 112 from C on the ground of the same criminal facts as that set forth in paragraph 1; (c) on the part of G of the F District of the Daegu East-gu Police Station, Daegu-dong Police Station; (d) on the part of G where he was called out and demanded to present identification cards; (c) on the part of G to return to the taxi; and (d) on the part of G, on the part of his left hand, when he gets back the chest

Accordingly, the Defendant interfered with the police officer's legitimate performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. C’s statement;

1. Application of Acts and subordinate statutes to report internal investigation, copy of work site in the F District, and investigation result report;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes of obstruction of the performance of official duties (determination of the type of obstruction of the performance of official duties) [Article 1] The scope of recommendation and recommendation that there is no obstruction of the performance of official duties or coercion of official duties [Article 1].

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