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(영문) 울산지방법원 2016.05.24 2016고단891
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. 특정범죄 가중처벌 등에 관한 법률위반( 운전자 폭행 등) 피고인은 2016. 1. 19. 23:00 경 울산 남구 B에 있는 C 앞 도로에서 피해자 D(47 세) 이 운전하는 E 와이에프 쏘나타 택시에 타고 울산 중구 성남동에 있는 롯데 시네마 맞은편 번영 교 하부도로에 이르렀을 때, 아무런 이유 없이 갑자기 운전 중인 피해자에게 반말과 욕설을 하며 손으로 머리를 잡아당기고, 발로 어깨와 팔 부분을 수회 찼다.

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

2. On January 19, 2016, at the same place as the preceding paragraph, around 23:17, the Defendant: (a) committed assault by the Defendant, without any reason, in the process of checking the case details and personal details by G and policemen belonging to F District patrol3 teams of the F District Police Station in Ulsan-gu, Police Station in the Ulsan-do, where 112 was reported and sent out; (b) during the process of arresting the head with the hand floor in which H was carried out; (c) the head was pushed up with the hand floor; (d) the head was pushed down with the left buckbuck and the breast part with the breast part with the drinking bucks; and (d) during the process of arresting a flagrant and accompanying to the earth in the act of committing an act of committing a customs offense, he

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and D;

1. Application of each statute on photographs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) and Article 136 (1) of the Criminal Act concerning the crime;

1. Selection of an alternative fine for punishment;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the first offender without any previous conviction, and the victim D agreed with the victim that the above victim does not want the punishment of the defendant, taking into account the age, sex, environment, etc. of the defendant.

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