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(영문) 춘천지방법원 원주지원 2020.05.22 2019고단1468

퇴거불응등

Text

A defendant shall be punished by imprisonment for six months.

except that 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. On November 14, 2019, the Defendant, in response to the withdrawal request, several times, at the victim C’s D entertainment tavern in the 201:34 Won-si, demanded that “I would like to confirm whether I would have gone together with women, so I would like to produce CCTV,” and that “CCTV would not produce it, and would not interfere with business.”

However, the defendant does not respond to it and does not leave the victim's place until he/she is arrested as a flagrant offender at around 02:00 on the same day without justifiable grounds.

The Gu refused to comply with the Gu.

2. On November 14, 2019, the Defendant of the obstruction of performance of official duties: (a) reported at the place specified in Paragraph (1); (b) around 01:57; and (c) reported at 112, that “the Defendant has not left the place of business, such as Paragraph (1); and (d) demanded by the police officers E, etc. belonging to the original police station, who called out, to leave the said E at one time; and (b) continued to leave the police officers.

On the same day, the police officer F, etc. belonging to the original police station was arrested as a flagrant offender with respect to the refusal to leave from the police station at around 02:00 on the same day, and the above F's arms and shoulder was pushed down.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement to F and E;

1. Each statement G and C;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of documents, such as CCTV images, etc. at generated places);

1. Relevant Article 319(2) and (1) of the Criminal Act concerning the crime, the choice of punishment, and Article 319(2) and (1) of the Criminal Act, and Article 136(1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is not good and the victim did not receive a letter of suspicion.

【Ligue circumstances】