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(영문) 인천지방법원 2020.04.08 2020고단461
퇴거불응등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 7, 2020, from around 12:15 to 12:45 on the same day, the Defendant did not comply with the demand of the victim to leave a practice room located in the Incheon Bupyeong-gu Incheon Bupyeong-gu operated by the victim B, even though the Defendant was placed on the stairs of the entrance and exit of the above practice room to which the customers gain access and was asked to leave the room on several occasions by interfering with the passage of the customers, without justifiable grounds.

2. The Defendant committed violence, such as assaulting the face of the above police officer one time to the face of the police officer, by taking a large voice, who is required to leave the police officer F of the Incheon Samsan Police Station E District Unit, sent out after receiving a report at the same time and place as the above paragraph (1).

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to B and F

1. Relevant Article 319(2) and (1) of the Criminal Act, Article 319(2) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant's act on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is highly likely to be criticized in that not only prevents police officers from maintaining order, but also promotes light of legal order and the public authority.

However, the defendant is currently recognizing and opposing his mistake.

In addition, the victim B does not want punishment against the defendant, taking into account all the circumstances revealed in the trial process, such as the defendant's age, character and conduct, environment, motive and background of the crime, the degree of exercising force against the police officer, and the circumstances after the crime, etc., the punishment as ordered is determined.

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