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(영문) 대구지방법원 2019.11.21 2018고단5737

퇴거불응

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment with prison labor for 8 months and 2 years of suspended execution for the purpose of obstruction of performance of official duties in Gyeyang Branch of the District Court on October 5, 2018, and the judgment became final and conclusive on October 25, 2019.

【Criminal Facts】

At around 15:50 on November 21, 2018, the Defendant entered the building of C Elementary School in Daegu Dong-gu, Daegu-gu, and “B, because he is a deceased person of justice, I would be able to listen to the principal of the school.” In the course of entering the school room and leaving the school room, he was required to leave from D, a school security officer of the above elementary school, and E, a person in charge of school facilities, “Is the principal of the school and the assistant principal of the school, who has no school, is now going to make a business trip.”

Nevertheless, at around 16:10 on the same day, the Defendant d and the manager of the above elementary school did not comply with the demand of the above elementary school security officers to leave the above elementary school and the manager of the facilities without justifiable grounds.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Previous records before ruling: Criminal records, inquiry reports, and the application of Acts and subordinate statutes significantly true to this court;

1. Relevant Article 319 (2) and (1) of the Criminal Act and Article 319 (1) of the Criminal Act concerning criminal facts, the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order appears to be that the defendant suffers from mental illness, the fact that when the judgment of the court below becomes final and conclusive simultaneously with the crime at the same time, the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and other circumstances shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by the order.