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(영문) 인천지방법원 부천지원 2018.01.12 2017고단2672

퇴거불응등

Text

A defendant shall be punished by imprisonment for not less than eight 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 October 30, 2017, the Defendant refused to comply with the demand of the victim to leave the victim for about 1 hour and 30 minutes, even if the victim C was requested to leave from Dong-si B lending B and 2 under the same ground, around 02:30.

2. The Defendant, at the above date and time and place, recommended the removal of the Defendant F to the Assistant E and F, a police officer affiliated with the Down Police Station D police box, who was dispatched after receiving the victim’s 112 report, on several occasions, at the time and place, and the victim’s 112 report, but the Defendant, “I saw the Defendant’s desire to leave and refuse to leave,” and the said E

The defect "I can be able to cope with the mixed," and assaulted the E's shoulder by hand, such as being tightly pushed off, thereby obstructing the police officer's legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C, G (Evidence 8), H (Evidence 9), and I;

1. Investigation report (verification of field photographs);

1. The work log and the list of reported cases;

1. Application of Acts and subordinate statutes to photographs damaged;

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

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. Circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant did not comply with the request to leave the victim C for about one hour and 30 minutes, and exercised the assault against the police officer dispatched. The circumstances that are favorable to the fact that the nature of the crime is not good, that there are several records of punishment for the crime of violent inclinations: recognition of mistake and reflects: agreement with the victim C; deposit of KRW 50,00 for the victim E; deposit of KRW 500,000 for the same crime; there was no record of punishment for the same crime; records and changes, such as the motive and background of the crime; degree of interference with the performance of official duties; and circumstances after the crime.