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(영문) 울산지방법원 2018.07.27 2018고단1411
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. On April 24, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against the driver), on the road located in the 5-lane of Yangyang-gun, Ulsan-gun, Ulsan-gun, one-way, where the Defendant was requested to drive on his/her behalf, and the Defendant’s motion to search his/her destination using his/her cell phone C (34 tax) with the victim C (34 tax) who was operating his/her vehicle while driving his/her vehicle on his/her behalf, and the victim

By misunderstanding, the part of the victim's shoulder was fluord by hand, and the part of the victim's arms was fluored by hand.

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

2. The Defendant interfered with the performance of official duties: (a) was asked to return home from the police officers belonging to the Ulsan Coast Guard D police box, which was called out after receiving a report from the victim of paragraph (1) 1; and (b) was demanded to have the above police officers go home to the police box; and (c) was sent to the police box located in Ulsan Coast Guard E along with the above police officers.

피고인은 2018. 4. 24. 23:50 경 위 D 파출소 앞길에서, 그 전 위 경찰관들의 112 신고 사건 처리 과정에 불만을 품고 소란을 피우던 중 위 D 파출소 소속 경사 F로부터 계속하여 귀가할 것을 요구 받자 화가 나, 위 F에게 “ 짭새 새끼야, 니가 경찰이야 씨 발 새끼야! ”라고 욕설을 하면서 오른발로 위 F의 왼쪽 다리 부위를 1회 걷어 차 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, and investigation of the above F crime, which is the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment to Image back business CDs);

1. Relevant Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 136 (1) of the Criminal Act, and Article 136 of the same Act, and the occupation of obstructing the performance of official duties in the choice of imprisonment: Imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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