(영문) 대구고등법원 2016.12.29 2016노596 | 리걸엔진

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(영문) 대구고등법원 2016.12.29 2016노596

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) the Defendant did not assault and injure the victim C who is operating a taxi on June 1, 2016, as stated in the facts charged, with regard to the obstruction of performance of official duties on the part of June 1, 2016, and even if the Defendant committed the same act as stated in the facts charged, it is only for the purpose

3) With respect to the obstruction of performance of official duties on May 26, 2016, the Defendant was arrested by police officers M even though he did not exercise domestic violence, and the Defendant’s act did not constitute assault to the extent that it could interfere with the performance of official duties, and the Defendant did not have any intention to interfere with the performance of official duties. (B) The Defendant suffered from mental illness, such as the normal and polar disorder, which was under the influence of alcohol, and was under the influence of alcohol. (c) The Defendant was under the influence of alcohol and lacks the ability to discern things or make decisions. The sentence of the lower court on unreasonable sentencing (one year and June 1, 2005) is unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the first instance court as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the lower court’s judgment, the Defendant could fully recognize the fact that the Defendant inflicted an injury on the victim who was operating a taxi

Therefore, this part of the defendant's argument is without merit.

(1) A victim shall share side gates from a defendant while consistently operating a taxi carrying the defendant with an investigative agency.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형법 제21조 제3항

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