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(영문) 울산지방법원 2018.04.04 2017고단4279

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 29, 2017, the Defendant was refused to follow the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc.) to allow a victim F (40 years of age) who is an acting driver after drinking alcohol in front of the E on the street in Ulsan-gun, Ulsan-gun, to drive his/her own vehicle in the direction of night-driving, and to look at the victim’s buckbuckbucks on his/her side while driving his/her vehicle in the direction of night-driving.

In doing so, "the victim's back head is boomed, shakes the victim's head, bleeps the victim's head, and three times the victim's head is click.

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

2. 공무집행 방해 피고인은 제 1 항 기재와 같은 날 22:00 경 울산 남구 대공원 입구로 울주군 청 사거리 부근에서 위와 같이 위 F을 폭행하였다는 이유로 현행 범인으로 체포되어 순찰차 뒷좌석에 타고 G 지구대로 가 던 중, 주먹으로 순찰차의 천장과 앞좌석을 손으로 쿵쿵 치다가 갑자기 주먹으로 피해자 순경 H(31 세) 의 왼쪽 뺨을 1회 때렸다.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning the dispatch of report 112 and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to H and F;

1. Violence against a driver of the relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment (see, e.g., circumstances favorable to the following grounds for sentencing): Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, interference with the selective execution of official duties of fines: Article 136(

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the sentencing guidelines shall not apply inasmuch as the reasons for sentencing have been selected.

The defendant committed a very serious crime that assaults a person in operation.