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(영문) 의정부지방법원 고양지원 2017.09.27 2017고단2475

퇴거불응등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 5, 2017, the Defendant, in response to the withdrawal, refused to leave the business place even after receiving a demand for withdrawal from the victim D, the owner of the business, who was a guest from the “C” on the first floor located underground of the building located underground in Gyeyang-gu Seoul Metropolitan City B, Seoyang-gu, Seoyang-gu, 2017. As such, the Defendant was reported by the victim at around 02:25 on the same day, and did not leave the place until police officers are dispatched to the site, and did not comply with the demand for removal from the building managed by the victim.

2. Around 02:45 on the same day, the Defendant obstructed the performance of official duties by assaulting F who is a police official, and obstructing the legitimate performance of duties concerning the handling of the report of 112 cases by assaulting F, who is a police official, by assaulting F, and assaulting F, who is a police official, to have been dispatched to the site on the ground of the immediately preceding act, to have the Defendant come home and go home, to go home, to go out of the business site, to go out of the business site, to go home, to go out of the business site, to go out of the business site, to go out of the business site, to go out of his own head, and to take out F face as a drinking, and subsequently, to put it out in his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of D;

1. Relevant legal provisions of the Criminal Act, Articles 319(2), 319(1) (in refusal of eviction), and 136(1) (in obstruction of performance of official duties) of the Criminal Act, the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., that the defendant is led to confession and reflected by him, that the defendant has no record of the same punishment as the suspended execution or heavier);