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(영문) 울산지방법원 2015.06.11 2015고단536
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 8, 2014, the Defendant: (a) driven CYFSA car on December 22, 2014, and passed a road in front of the “beneficiary Party” located in the Seongdong-gu, Ulsan-gu, Ulsan-gu; (b) the Ulsan Central Police Station guard and transportation at the front bank, and the victim E (the age of 32) who is the superintendent of the police station affiliated D, was considered to have a drinking control.

The defendant tried to go back the above vehicle in order to escape from the above vehicle due to the fact of drinking driving, but it was no longer possible for another vehicle to go behind the vehicle in the rear side, and the victim's left right side of the vehicle was turned back while driving the above vehicle, which is a dangerous object, and the victim's left side side of the vehicle was turned back with the back side of the above vehicle.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on the drinking control, and at the same time, the Defendant inflicted an injury on the victim, such as salt dump, tensions, etc. that require strict treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements;

1. Application of Acts and subordinate statutes to an investigation report (in relation to the attachment of a report on the advanced medical records and a medical certificate, a report on the initial medical records and a medical certificate);

1. Articles 3(1) and 2(1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257(1) of the Criminal Act (the point of causing bodily harm to a person carrying dangerous articles); Articles 144(1) and 136(1) of the Criminal Act (the point of obstructing the performance of official duties carrying dangerous articles);

1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Punishment of Violences, etc. Act and the special obstruction of performance of official duties, and the punishment provided for in the Punishment of Violences, etc. that are heavier than the punishment of a deadly weapon);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendations] habitual injury, repeated injury, and special injury.

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