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(영문) 울산지방법원 2018.10.26 2018고합73

특정범죄가중처벌등에관한법률위반(독직폭행)

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The summary of the facts charged is a police officer belonging to the Yangsan Police Station who performs duties related to B.

The defendant around 06:30 on July 19, 2017, on the road in the vicinity of the Magdong-gu, Yangsan-si, the defendant is not off his clothes.

“The 112 report of the content of the 112 police station was sent to C with the police officer affiliated with the above police station, and the victim D (59 years old) showed symptoms above this spirit, and the victim’s grandchildren were followed to the E hospital, which is the cause of mental illness, and was driving after being laid to the back of the patrol 112 patrols in order to take measures to protect the E hospital, which is the cause of mental illness.

At around 08:30 on the same day, the Defendant, on the road near “G Riart” located in the F in Yangsan City, had a risk of traffic accident on the wind, even though the said C was unable to stop on the right side of the victim, even though the said C was able to stop on several occasions, the said patrol car was repeatedly sealed by the same act.

이에 피고인이 피해자를 제지하기 위하여 위 순찰차를 위 ‘G 리조트’ 부근 도로변에 정차하고 위 순찰차에서 내려 운전석 뒷좌석 좌측 차문을 열자 피해 자가 위 순찰차 밖에 있는 피고인을 향하여 발길질을 하는 것을 보고 화가 나서, “ 미친 새끼야, 가만있어! ”라고 하면서 손으로 피해자의 몸을 수회 밀고, 발로 피해자의 왼쪽 무릎 외측 부위를 수회에 걸쳐 강하게 찼다.

As a result, the Defendant committed an assault against the victim while performing his duties, and thereby caused the victim to suffer an injury, such as the left-hand kne kneel felel felelel, which requires approximately eight weeks of treatment.

Maz.

1. Defendant and his defense counsel’s assertion

A. At the time of the instant case, the Defendant: (a) was at the time of the patrol, and there is a danger to the station when the victim gets off the patrol vehicle and getting off the patrol vehicle.