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(영문) 부산지방법원 동부지원 2016.03.30 2016고단78
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. On December 16, 2015, the Defendant: (a) around 01:06, the Defendant: (b) boarded the victim E (61) boarding the rear seat seat of the head of the F-Gun, Busan, the head of the Eup/Myeon, the destination of which was located in the Busan, the head of the Dong-gun, the head of the Dong-gun, the Busan, the head of the Dong-gun, the head of the Dong-gun, in order to talk with the victim on the road in front of the Busan, U.S., the captain of the Defendant: (c) on the road in front of the Busan, U.S., the head of the Dong-gun, the head of the Dong-gun, the head of the Dong-gun, the destination of which was located; and (d) on the road in which the victim was able to take the hand with the front seat of the victim, and caused the victim to put the vehicle into the front seat of the latter;

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

2. At around 01:40 on the same day, the Defendant interfered with the performance of official duties, and the Defendant injured at the above place. On the same day, the police officer, guard H, etc., who was the police officer of the Busan Police Station G police box, called out after having received a report related to the above Defendant’s violence, listened to the facts of injury to the above Party E, and discovered the Defendant’s confidence that was first sent to the police officer belonging to the Ulsan Police Station, and asked the police officer belonging to the Ulsan Police Station, who was called out, to notify the Defendant of the doctrine of disturbance in order to arrest the Defendant as a flagrant offender, and to ask the police officer belonging to the Seoul Police Station, who was called out, was called out at one time, whether he was called out at one’s own will as “this would be called out,” and then the part of the above security guard H was cut back to the floor by putting the clothes back one time with the right to drinking.

As a result, the Defendant interfered with the legitimate execution of duties of H on the handling of 112 reported cases and the arrest of flagrant offenders, and at the same time, inflicted injury on the right hand, tensions, etc. requiring treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Application of the legislation in its opinion;

1. Article 136(1) of the Criminal Act in relation to the crime (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment with prison labor) and the aggravated punishment of specific crimes.

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