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(영문) 광주지방법원 2017.10.26 2017고단2833

퇴거불응등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Majority-related relationship] On May 11, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for the obstruction of business in the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of Korea, and completed the execution of the said sentence on October 3, 2016.

[Criminal facts]

1. On April 22, 2017, the Defendant, in response to the Defendant’s refusal to leave, was leaving a string warehouse operated by the victim D, the wife population C, and was waiting for a request from the injured party, but did not comply with the request, but did not comply with the request, on the same day, until the police officer dispatched by the victim’s report at around 18:30 on the same day arrives at the above warehouse, and thus, the Defendant refused the victim’s request to leave without good cause.

2. Around April 22, 2017, the Defendant is required to leave from the place of the foregoing 1. Paragraph (1) at around 18:30 on April 22, 2017, to the victim E, the police officer belonging to the Gyeonggi-dong Police Station of Gyeonggi-dong Police Station, which was dispatched after being reported 112 from the above D, and to leave D’s high-water storage, among the victims who have the husband of D and D, “the police kis are raised.”

Nice Doz. Doz. Doz. Doz. Doz.

The police brus insulting victims openly by causing a large sound called "......"

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of E and F;

1. Each complaint;

1. Previous offense relationship: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the suspect's repeated offense and confirmation of the fact that a trial is pending), and the current status of personal expropriation attached thereto;

1. Article 311 of the Criminal Act ( point of insult of each subparagraph), Article 319 (2) and Article 319 (1) of the Criminal Act concerning the facts constituting an offense (the point of refusing to withdraw);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Although Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act of the Act on the Aggravated Punishment of Concurrent Crimes are confessions and reflects the reasons for sentencing, the crime of insult against police officers following the crime of refusing to withdraw is committed, the crime of insult is committed during the period of repeated crimes, and there are a number of criminal records including the same criminal records.