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(영문) 울산지방법원 2020.11.18 2020고단3976

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 특정범죄가중처벌등에관한법률위반(운전자폭행등) 피고인은 2020. 8. 20. 00:15경 울산 남구 B 소재 C예식장 인근에서 피해자 D(60세) 운행의 E 택시 뒷좌석에 탑승하여 같은 구 F 소재 피고인의 주거지로 향하던 중, 피해자가 피고인이 요구하는 경로대로 운전하지 않는다는 이유로 ‘대가리 깬다, 씹할 놈‘이라는 등의 욕설을 하며 손으로 피해자의 머리채를 잡아 흔들고, 발로 피해자의 머리 부위를 1회 찼다.

Accordingly, the victim stopped the vehicle and reported it to the police with mobile phone, the defendant took a bath such as 114, 112 and 112 "the victim", and the victim took the snow of the victim by hand.

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

2. At around 00:40 on August 20, 2020, the Defendant: (a) on the roads of G Park Gpark located in Ulsan-gu, Ulsan-gu; (b) on the roads where the Defendant reported on the same crime as the Defendant’s stated in paragraph (1), the police box belonging to the Ulsan-Namnam Police Station, which called out after receiving the Defendant’s report on the same crime; and (c) refused to comply with the Defendant’s solicitation that the Defendant would return home to the Defendant after guiding the instant treatment procedure; (d) the Defendant’s daily behavior would take a patrol vehicle and go home to a toilet; and (e) the above I am home to the Defendant and the first driver’s happiness, and (e) her face was her hand taken two times with his hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or I;

1. Application of the Acts and subordinate statutes to cover the flag photographs damaged by violence, internal history reports (verification, etc. of booms), and to photographe images;

1. Article 5-10 (1) and Article 136 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against Criminal Crimes as prescribed by the relevant Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.