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(영문) 수원지방법원 안양지원 2018.05.29 2018고단60
퇴거불응등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 16, 2017, the Defendant: (a) was aware of the victim C’s c operation located in Mapopo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, that Dapo-si was drinking with the workplace rent; and (b) the Defendant, despite the victim’s demand for eviction, did not leave the country until 21:34 on the same day

2. The Defendant interfered with the performance of official duties, on the date and time set forth in paragraph 1, and at the place set forth in paragraph 1, received a written statement from the police officer F, who was called out after receiving a report from the Defendant due to the Defendant’s refusal to leave the scene, and, on the other hand, sent the F to the said F at one time, he expressed that “the police officer’s faces” should be considered as “the police officer’s face”, and the said F’s face was taken by his hand at one time and one time. When the police officer was arrested as a current offender, the Defendant committed assault, such as taking knee of the said F who was on board the patrol at several times.

Accordingly, the defendant has prevented police officers from performing their legitimate official duties on the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to F, G, and C;

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 Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of official duties);

1. Selection of imprisonment with prison labor chosen;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment on the sentencing guidelines: Imprisonment with prison labor for up to six months from one year and six months [the scope of the recommended punishment], and the basic area (up to one month from June to six months) (up to six months) of the basic area (up to one year and six months) of the suspension of the performance of official duties;

2. Determination of sentence: To take into account the following factors: Suspension of execution for six months of imprisonment - reflection of sentence, agreement with the victim C, and absence of any record of criminal punishment exceeding the same criminal record or fine;

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