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(영문) 대구지방법원 서부지원 2016.08.08 2015고단1953
퇴거불응등
Text

A defendant shall be punished by imprisonment for six 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 16, 2015, the Defendant refused to withdraw from the office of “D” located on the 5th floor in Daegu-gu, Daegu-gun District Court Decision 16:30 on October 16, 2015, the Defendant demanded the victim E (hereinafter 41) to cancel the auction on the Defendant’s factory in relation to the obligation to pay the construction cost, and demanded the victim E to meet with D’s representative. However, the Defendant was demanded from the victim that “the President National Assembly has set the time of the interview with the President as his duties and again made the interview with the President.”

However, the defendant did not respond to the request for withdrawal of the victim without justifiable reasons until the police officer dispatched by the report of the victim on the same day at around 18:30 on the same day arrives.

2. On October 16, 2015, at the office described in paragraph 1 around 18:45 around October 16, 2015, the Defendant: (a) the Victim G (37) who is the police police box affiliated with the Daegu-gu Police StationF box called out after receiving the above E’s report, voluntarily embling the Defendant; but (b) the Defendant “picks and slicks.”

B. The author tried to arrest the Defendant as the current offender of the crime of refusing to leave by thoroughly refusing to leave, with the view of the expression, such as “I am.”, and attempted to arrest the Defendant as the offender of the crime of refusing to leave, and attempted to assault the victimized child once by verbal reliance.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the prevention, suppression, and investigation of crimes, and at the same time, inflicted injury on the victim, such as other attached parts and rupture damage of ruptures that require approximately one week medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Medical certificate (Evidence 41 pages);

1. Previous convictions in the Supreme Court's ruling: The text of the judgment [No. 2015 Gowon District Court's Ansan Branch, etc.] and the application of the statutes governing the search of the Supreme Court's Na case;

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 319(2) and Article 319(1) of the Criminal Act (the point of refusing to withdraw);

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

1. Punishment;

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