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(영문) 수원지방법원 안산지원 2013.09.06 2013고단1314

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 May 24, 2013, the Defendant: (a) sought to find out and talk in the house of the above victim, who was the wife of the victim D (39 years of age, women) in the light of his wife B after the husband’s fighting; and (b) sought to find out and talk in the house of the above victim around 00:30 on May 24, 2013.

However, since the time was too late for the victim and the defendant was the withdrawal of alcohol, it was again demanded that the defendant be sent to the defendant.

Nevertheless, the defendant states that "the defendant will grow up on the ground of this kind of NA," and does not leave the victim's house for about 20 minutes until the police officers dispatched by the victim's report arrive, and does not leave the victim's house for about 20 minutes, and without justifiable reasons, the defendant leaves the victim's house.

The Gu refused to comply with the Gu.

2. The Defendant, at the time and place specified in Paragraph 1., and at the time and place specified in Paragraph 1., and the police officer F of the Mine Police Station E (a police box) dispatched after receiving a report of 112, intended to leave the Defendant’s residence in the above D’s residence, he saw the Defendant as “this spacte, Chewing,” and sprinked the franchis, and obstructed the Defendant’s lawful performance of official duties in relation to the investigation of the police officer’s criminal investigation by shouldering the Defendant’s right hand hand hand, which belongs to the same district unit where the Defendant was verbally, as soon as possible.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 319(2) and (1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

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. In light of the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, even though he was sentenced to several fines due to an act of violence, etc., again commits the instant crime, the defendant should be punished strictly, but the defendant's mistake.