beta
(영문) 대전지방법원 2018.12.21 2018고정983

퇴거불응

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 2, 2018, the Defendant, at a comprehensive situation room of 112, the third floor of the police station 112 in the Jung-gu, Daejeon, Daejeon, Daejeon, Daejeon, 112, the Defendant resisted that he did not send the police despite having reported 112, and accordingly, the Defendant explained that “12 comprehensive situation room differs from a place where access to the general control area is prohibited.” However, even though the Defendant demanded several times, “the 112-general situation room does not change from a place where access to the general control area is prohibited.”

“At the time of refusal to comply with the request for withdrawal without good cause.”

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. C’s self-written statement;

1. Application of ctv course photographs and 112 Reporting Processing Table Acts and subordinate statutes in the situation room photographs and the situation room photographs;

1. Article 319 (2) and Article 319 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 319 (2) and (1) of the Criminal Act that choose a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Although the grounds for sentencing under Article 186(1) of the Criminal Procedure Act for imposing litigation costs recognize the Defendant as committing a crime, it does not seem to be contrary to the attitude in this Court. The instant crime was committed upon the Defendant’s on-site dispatch pursuant to the Defendant’s 112 report, but the Defendant did not call out.

without permission from the 112 Integrated Situation Office

In light of the duties, etc. performed by the above comprehensive situation room as a failure to avoid disturbance and to comply with the request for eviction, the crime is very poor and highly likely to be criticized.

It shall be taken into account the unfavorable circumstances, such as the Defendant’s environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., to determine the punishment as ordered by comprehensively taking into account various factors of sentencing as shown in the arguments in the instant case.