퇴거불응등
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. The Defendant refused to leave around 04:00 on December 13, 2015, and the victim D (the 29-year-old)’s “E main store” in the operation of the Sinsan-dong-dong-dong-gu Seoul (the 29-year-old). While drinking, the Defendant requested the victim to leave due to the end of the business hours, the Defendant did not go until 05:10 minutes on the same day, and the Defendant did not comply with the victim’s demand to leave.
2. On December 13, 2015, at the above main station around 05:10 on December 13, 2015, the Defendant: (a) received a demand from the police officer G from the police officer of the F District Police Station in Japan who called up with the Defendant’s refusal to leave, but did not comply with the demand, and (b) received a warning that the Defendant would be subject to punishment if he does not leave the police officer; (c) on the other hand, the Defendant acted with the above police officer, stating, “I am to punish, or punish, son, I am to punish the police officer”; and (d) upon receiving a removal from the police officer, the Defendant was physically sealed the body and the parts of the H’s body and the parts of the arms of the police officer, and the part of H’s head once with the blue blue of the arms.
As a result, the Defendant interfered with the performance of official duties concerning the handling of reports and the maintenance of order by the above police officers due to violence.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or H;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 319 (2) and Article 319 (1) of the Criminal Act (which does not comply with the eviction) concerning the facts constituting an offense, and Article 136 (1) of the Criminal Act (which interferes with the performance of official duties);
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (see, e.g., Supreme Court Decision 2009Do3505, Jun. 25, 2009)
1. Selection of each alternative fine for punishment;
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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Sentencing specified in Article 334(1) of the Criminal Procedure Act
1. Legal provisions;