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(영문) 부산지방법원 서부지원 2017.04.26 2017고단85

퇴거불응등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On February 22, 2017, the Defendant was demanded to withdraw from the office of the victim C, who was outside the Defendant, at the 101-dong, 1105, the 101-dong, the 101-dong, the 105-dong, the 101-dong, the non-indicted 105-dong, the Defendant, in the state of drinking, demanded that the Defendant be able to ask the victim for sound, and that the Defendant

However, the defendant did not respond to it and did not comply with the request for withdrawal from the victim's ward until he is arrested from the police officer who was dispatched by the victim's report at around 23:45 on the same day until he is arrested as the current criminal.

2. On February 22, 2017, around 23:45, the Defendant obstructed the police officer’s legitimate execution of duties concerning the prevention, suppression, and investigation of the crime by assaulting the police officer, i.e., the police officer, who was the police officer belonging to the police police box, who was dispatched by the 112 report as above, upon the request for evacuation from the police officer E, who was dispatched by the 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police for C and E;

1. A report on investigation (the circumstances of the case);

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 319(2) and 319(1) of the Criminal Act (in the case of refusing to withdraw), Article 136(1) of the Criminal Act (in the case of obstructing the performance of official duties) and Articles 136(1) of the Criminal Act and the choice of imprisonment

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 suspended execution;

1. The reasons for the sentencing of Article 62-2 of the Criminal Act for community service and lecture attendance order [the scope of the recommended punishment in the sentencing guidelines for obstructing the performance of public service] are examined together with the crime of refusing to leave the basic area (from June to January 4) (the decision of sentence].

Since it should be punished to interfere with legitimate performance of official duties, it is necessary to choose imprisonment, and the defendant appears to reflect his attitude, and the victim C does not want the punishment of the defendant.