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(영문) 의정부지방법원 고양지원 2016.08.09 2016고단1608
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 23, 2016, the Defendant: (a) boarded the victim F (57 years old) on the top of the E convenience stores located in Yongsan-gu, Busan Metropolitan City and Dong-gu; and (b) arrived at the waton Sea, which is located in the Dong-dong, Dong-gu; and (c) was demanded to get off the said victim from the said victim after having arrived at the waton Sea, located in the Dong-dong, Dong-dong, Dong-dong, Dong-gu, Seoul Metropolitan City.

Nevertheless, the defendant refused to leave the vehicle and committed violence against the victim, such as taking the victim's desire to see the victim's "as to see" and leaving the victim's left arms.

The defendant continued to use the Japanese police station located in the same city 1338 at the center of the same Gu, and assaulted the victim's face and face care twice in the taxi driving.

Accordingly, the defendant assaulted the taxi driver in operation.

2. On May 23, 2016, the Defendant: (a) was waiting to undergo an investigation at the Hasan Police Station H of the Yongsan-gu Police Station located in the Sinsan-gu, Chungcheongnam-gu, 1338, Seoyang-gu; (b) Dansan-gu, the Defendant: (c) Dansan-gu, who was aware of the circumstances of the instant case against the said F; (d) Dansan-gu, the Defendant Dansan-gu, Dansan-gu, Dan-gu, Dansan-gu, Dan-gu, Dan-do; (c) Dan-do, Dan-gu, the head of the said I was c

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order and the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and I;

1. Investigation report (the results of the verification of black stay images) and investigation report (the case of cases of black stay images in a taxi);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on the screen by cutting off CCTV images and cutting off screen stuffs images;

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 of the Criminal Act:

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