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(영문) 울산지방법원 2017.07.14 2016고합404

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On October 10, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) (hereinafter referred to as the “Aggravated Punishment, etc. of Specific Crimes”), following the Defendant’s request that the victim take a walk at the rear seat of the victim C (56 years old), who is a taxi engineer, in the south-gu, Ulsan-gu, U.S. (hereinafter referred to as the “C.”), and took a walk at the front seat of the D.D. and took a walk at the front seat of the Dok-gu, U.S., Ulsan-gu, and 124, and went to the front of the Dok-gu, U.S., U.S., that he would interfere with the driving of the vehicle.” The Defendant took the victim’s bath on the ground that the Dok-gu, Ulsan-gu, U.S., 201, and took a part in the el.

As a result, the Defendant inflicted an injury on the victim, who is the driver of a motor vehicle in operation, such as salt ties in the right shoulder, which requires approximately two weeks medical treatment.

2. 공무집행 방해 피고인은 제 1 항과 같은 날 20:50 경 위 향교사거리 앞 도로에서 112 신고를 받고 출동한 울산 중부 경찰서 E 지구대 소속 경위 F가 사건 경위에 대한 질문과 함께 신분증 제시를 요구한다는 이유로 화가 나, F에게 갑자기 “ 내가 뭘 잘못 했노, 씨 발 놈 아, 똥파리, 개새끼야. ”라고 욕설을 하며 오른손으로 F의 어깨를 치고 옷을 잡아당기는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Statement made by the police with regard to F;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury to the driver of a motor vehicle in operation) on criminal facts, Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties, and the choice of imprisonment with labor);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.