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(영문) 창원지방법원 밀양지원 2015.11.05 2015고단370
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. Crimes committed on August 18, 2015;

A. A. On August 18, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Drivers, Violence, etc.) went to a F taxi driven by the Victim E (the age of 57) and arrived at the claim apartment located in the Gyeongyang-dong, the destination at which the Defendant told. However, under the influence of alcohol, the Defendant was able to take the victim’s desire under the influence of alcohol, and the Defendant was able to take the time expenses “I am to a claim apartment, I am to a police box.” The Defendant was in the course of driving the said taxi and driving the said taxi to go to the G police box of the G police station, while the victim was passing through the G police station near the G police station, the Defendant was able to take up the victim’s head debt 2 to 3 times, and knick down the shoulder at the back seat.

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

나. 공무집행방해 피고인은 2015. 8. 18. 20:55경 밀양경찰서 G파출소 사무실 내에서, 위 피해자의 신고를 받은 G파출소 소속 경위 H으로부터 인적사항 및 폭행 경위 등에 대한 질문을 받게 되자 화가 나, "개새끼, 씹새끼들 다 죽여버린다"는 등 욕설을 하면서 위 경위 H의 가슴을 양손바닥으로 3회 가량 밀치고, 계속하여 오른손바닥으로 경위 H의 빰을 1회 밀쳤다.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the handling of reported cases and criminal investigations.

2. On September 30, 2015, the Defendant of the obstruction of performance of official duties: (a) around the restaurant operated by the J, around 23:55 on September 30, 2015, the Defendant: (b) around the restaurant operated by the said J, and (c) upon receiving the said J’s 112 report, asked questions about the personal information, etc. from L during the process of the operation of the Staking Police Station called “K”; (b) b) b) b) b) b) c (i) c) c (i) c) c (i) c) c (i) c (i) c) c (i) c) c (i) c) c (i) c) c (i) c (or (ii) c (iii) c) c (i) d) c (i) c (or (iv) c) c (i) c (i) d) c

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