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(영문) 부산지방법원 2018.12.06 2018고단4041

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On January 14, 2016, the Defendant was sentenced to ten months of imprisonment with labor by obstructing the performance of official duties at the Busan District Court, and completed the execution of the sentence on November 11, 2016.

[Criminal facts]

1. On July 25, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc. of Drivers) and obstructed the Defendant’s duties on the roads adjacent to the C Hospital located in Busan-gu, Busan-gu, Busan-do, and assaulted the victim’s driver’s seat hedging on several occasions by taking in the back seat of E-si operated by the victim D (49 aged) and moving to a G located in F in Busan-gu, Busan-gu, the destination of which is the Busan-do.

Although the Defendant continued to arrive at G, who is a destination, it was difficult for the Defendant to avoid an disturbance for about 20 minutes, including: (a) “I have no money; (b) I have expressed the desire to read “I will see my mind; (c) I will see it; and (d) I have taken a drinking seat hedging.”

Accordingly, the defendant assaulted the driver of a vehicle in operation, and interfered with the victim's taxi driver's duty by force.

2. On July 25, 2018, around 05:05, the Defendant: (a) expressed a desire to leave the taxi at around the 2nd public security center located in 961, the center of Busan, the center of Busan, the center of the police station in Busan, upon receipt of a 112 report; (b) expressed that “I would like to leave the taxi at the taxi, the police station in Busan, the police station in receipt of a 112 report,” and assaulted the said I’s chest on a two hand, such as having pushed the chest over several occasions and having the head of the said I face.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made to the police with regard to D or I;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (including the results of search by additional inmates, judicial sentences, and personal confinements at least once a year);

1. The corresponding Article 0 of the Act on the Aggravated Punishment, etc. of Specific Crimes.