logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.07.10 2015고합103
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 6, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) committed an act of assaulting a driver of a motor vehicle running on the right side of the victim by assaulting the driver of a motor vehicle running on the road near the C Hospital located in Gyeyang-si on March 6, 2015, in order to take the F taxi driven by the victim E (the age of 51) with the same fee D, and taking the F taxi driven by the victim E (the age of 51).

2. At around 20:40 on March 6, 2015, the Defendant: (a) committed assaulting a police officer to have his/her 112 return phone near the 1112-reported Y, and received a request to inform him/her of his/her personal information from the slopeH belonging to the Yangsan Police Station G police station, who called out to the scene; (b) received a request to inform him/her of his/her personal information; (c) he/she obstructed police officers’ legitimate performance of duties concerning the handling of the 112-report report.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. Investigation report (Attachment of patrol booms and video images), investigation report (Attachment of Original Certificate of Injury);

1. Application of Acts and subordinate statutes of a photograph and bodily injury certificate;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 136 (1) of the Criminal Act concerning the relevant criminal facts, and Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.

arrow