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(영문) 서울서부지방법원 2019.08.20 2019고단1642
퇴거불응등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant was a person who has taught with B in the past, the victim C was a person who resides in the lower house of B, and the victim D (the 32 years of age) is a year of B.

On January 1, 2019, the Defendant visited the house B located in the building F of Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul, with the knowledge that B was accompanied by the victim D, and entered the house C by stating that B was necessary to assist the victim C, under the influence of alcohol around 02:10.

1. On January 1, 2019, at around 02:30 on January 1, 2019, the Defendant was demanded to request a change from the victim C’s house located in Yongsan-gu Seoul Metropolitan Government building G, and confirmed that the Defendant was not in danger.

However, on the same day, the defendant did not respond to it, and on 02:52 on the same day, he did not comply with the demand of the victim to leave until the police officer called out by the victim's report arrives.

2. On January 1, 2019, at around 02:52, the Defendant: (a) reported the victim D, as shown in B, in order to persuade the Defendant, who does not leave C’s house; and (b) committed assault to the victim, who is walking the victim twice by drinking the victim’s face; and (c) took one time by drinking it.

3. At around 03:05 on January 1, 2019, the Defendant: (a) arrested a flagrant offender at the police station located in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) refused to leave the police station’s face at one time on the front of the zone; (c) on the same ground as paragraphs (1) and (2); and (d) arrested a flagrant offender at the police station located in Yongsan-gu, Seoul; and (d) refused to leave the police station at the police station assigned to the police station by the police officer J, and police officers assigned to the police; and (c) assaulted

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations in C, D, K, and B;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 319 (2) and (1) of the Criminal Act, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act;

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