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(영문) 광주지방법원 순천지원 2020.02.18 2019고단2019

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. In response to the withdrawal of the defendant, the defendant, at around 03:00 on May 28, 2019, 203: (a) under the influence of alcohol in the residence of the victim D (n, 42 years of age) who is female-friendly job-taking victim D (n, female-friendly job-taking victim) who has been under the control of the victim; and (b) he was asked from the victim at around 04:0 on the same day to leave until the police officer dispatched after receiving a report from the victim at around 04:0 on the same day arrives.

The Gu refused to comply with the Gu.

2. The Defendant, at the same date and time as the preceding paragraph of the obstruction of performance of official duties, and at the same place as D’s 112 report, asked the Defendant’s personal information and reasons why F of the Mancheon Police Station Emba, who was dispatched, did not leave the police box, and asked the Defendant for the following reasons: “I would see why I would like to say why I would like to know why I would like to see why I would like to leave the house within the house,” and assaulted the Defendant, such as “I would like to walk back F’s clothes to the Defendant at one time due to his son’s son, and that I would like to take the son’s hand.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D, F and G;

1. Article 319(2) and (1) of the Criminal Act applicable to the relevant criminal facts under Article 319(2) of the Criminal Act, and Article 136(1) of the Criminal Act (the point of obstructing performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The criminal records of the defendant, the nature of each of the crimes in this case, the circumstances leading to each of the crimes, the relationship between the defendant and the victim D, the above victim did not want the punishment of the defendant, the defendant deposited a certain amount for the victimized police officers, the reflectivity of the defendant, and family relations, etc. are revealed in the records and arguments of this case.