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(영문) 서울동부지방법원 2015.09.23 2015고단2406

퇴거불응등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 21, 2015, the Defendant, at around 02:00 on August 21, 2015, requested that police officers G belonging to the Seoul Mine Police Station F District and H return home to the Defendant after receiving a report from the victim that the Defendant was under influence of alcohol due to the Defendant being divingd on the 1st underground floor of Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City(E). However, on the same day, the Defendant refused to leave for about 30 minutes up to 02:30 minutes on the same day without justifiable grounds.

2. The Defendant committed the foregoing crime with obstruction of performance of official duties, who was arrested as a flagrant offender and was going on the ground through stairs, pushed the chest of the police officer G one time, and assaulted the chest of the police officer H one time as his hand, thereby obstructing the police officer’s legitimate performance of duties concerning the prevention, suppression and investigation of the crime, public peace and order maintenance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes of D;

1. Article 319 (2) and (1) of the Criminal Act and Article 136 (1) of the same Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the Act on the Suspension of Execution of Official Duties is minor, there is no record of criminal punishment since 20