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(영문) 서울남부지방법원 2018.08.30 2018고단1731

퇴거불응등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 23:30 on March 27, 2018, the Defendant, the 2018 Highest 1731, the Defendant, at around 23:30 on March 27, 2018, prevented the victim E, who is a security guard, from holding sobrying the Defendant’s position under the influence of alcohol.

Despite the request several times, the police called up by the victim's report for about one hour without complying with the request to leave the victim's atmosphere until the police arrives at the port of the above customer's seat, and the victim's demand to leave without good cause.

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1. On March 6, 2018, at around 11:30, the Defendant obstructed the victim’s restaurant business by force for about two hours, such as taking a bath while under the influence of alcohol at the “H” restaurant operated by the victim G in Gangseo-gu Seoul Metropolitan Government G, and making the disturbance to the customers on the side table, and making a vision to the customers on the side table.

2. Around 11:05 on April 26, 2018, the Defendant: (a) 26, the Seocho-gu Seoul Metropolitan Government Seocho-gu Seocho-gu, 26-ro 75-ro, e.g., the stairs of the 16th building in the Seocho-gu, Gangseo-gu, Seoul, the Defendant saw the Defendant from disturbance, such as throwing away goods out of the building, which was dispatched after receiving a 112 report; (b) saw the Defendant, who was sent to the police officer of the Seoul Gangnam-gu police station I District, and saw the Defendant flaped on the face while taking a bath to the saidJ. Accordingly, the Defendant interfered with the legitimate performance of duties by the police officer on handling reports 112.

Summary of Evidence

2018 Highest 1731

1. Statement by the defendant in court;

1. Hearing statements of E and security personnel E phone;

1. Noncompliance with the eviction, photographs and video CD 2018 Height 2404;

1. Statement by the defendant in court;

1. Each police statement made to G and J;

1. Photographs on the occurrence site;

1. Investigation report (related to video images submitted by a victimized police officer);

1. Application of Acts and subordinate statutes to criminal investigation reports;

1. Relevant provisions of the Criminal Act, Articles 319(2) and 319(1) of the Criminal Act for criminal facts, Articles 136(1) of the Criminal Act, Article 314(1) of the Criminal Act for the selection of a sentence (a violation of eviction), and Article 314(1) of the Criminal Act.