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(영문) 울산지방법원 2015.01.30 2014고단3608
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers Violence) (hereinafter “Aggravated Punishment, etc.”) was committed by the Defendant in the middle school located in Ulsan-gun, Ulsan-gun, which is operated by the injured party B (the age of 51) in front of the Korean bank in order to take a meeting and return to the meeting, and then moved to the middle school located in Ulsan-gu, Ulsan-gu, the Defendant’s residence. However, if the Defendant did not locked and did not occur, the victim led to the F district to get the aid

On October 23, 2014, at around 03:25, the Defendant broken off the taxi when the said taxi operated by the victim came to Grostian located in Ulsan-gu, Ulsan-si, and committed assault by Gap himself when he returns to the right side of the victim one time.

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

2. On October 23, 2014, around 03:40 on October 23, 2014, the Defendant took assault as described in the preceding paragraph within the Ulsannam Police Station F District located in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, and the Defendant took a bath to the above H, stating that “I must see the circumstances of damage,” while taking a bath to the victim who had been in the said district, the Defendant took part of the adjacent Ha of the said H at one time.

As a result, the defendant interfered with legitimate execution of duties concerning the investigation of police officials' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of H’s police statement;

1. B written statements;

1. Application of the Act and subordinate statutes to investigation reports (as to the attachment of video CDs);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act on the Punishment, etc. of Specific Crimes, the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Act is the first type of obstruction of the performance of official duties.

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