beta
(영문) 창원지방법원 통영지원 2017.09.20 2017고단857

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not more than ten 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. 특정범죄 가중처벌에 관한 법률위반( 운 행자 폭행 등) 피고인은 2017. 4. 2. 19:55 경 통영시 미 수해 안로 36에 있는 현대아파트 앞 도로에서, 피해자 C(65 세) 운전의 D 택시에 승차하여 자신의 주거지인 통영시 E 아파트로 가 자고 요구하였다가, 약 5분 후 통영시 F에 있는 ‘G’ 앞 도로에 이르러 피해자에게 택시를 세우라고 하여 피해자가 정차하자, 아무런 이유 없이 피해자에게 “야 이 새끼야 ”라고 욕설을 하면서 양 주먹으로 피해자의 얼굴을 수회 때리고, 이에 피해자가 택시를 안전한 곳으로 이동하려고 하자, 다시 주먹으로 피해자의 얼굴을 1회 때리고, 발로 피해자의 얼굴과 등을 수회 걷어찼다.

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

2. On April 2, 2017, at around 20:15, the Defendant interfered with the performance of official duties: (a) at the Tong Young-gu Police Station I box located in H on April 2, 2017; (b) in order to check the circumstances of the instant case after receiving a report from the said C on the act under paragraph (1), the Defendant, who was a police box, was in charge of questioning the Defendant’s personal information; (c) in hand, flad the victim’s face; and (d) flading the victim’s face with his head; and (d) the Defendant was removed from the Defendant’s hand where the said box affiliated with the said police box, which had continued to flapsing the flab of J; and (e) the Defendant was fladd with the flab of the flab where the flab died of the flab; and (e) the Defendant was flad with the flab’s face after having been f’s face.

Accordingly, the above Defendant interfered with the police officer's legitimate handling of the reported case of assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to J or K;

1. C’s statement;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of a photograph to the cab boom scam images, and a photograph of a CCTV image to the I police box);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;