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(영문) 서울중앙지방법원 2020.04.20 2020고단938
퇴거불응등
Text

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

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

Reasons

Punishment of the crime

1. On December 23, 2019, around 01:55, the Defendant, in response to the withdrawal, was requested from the victim C to move out of the victim's main place operated by the victim C on the first underground floor located in Gwanak-gu, Seoul Special Metropolitan City, for a period of about 32 minutes until the police officer dispatched after receiving the victim's 112 telephone report at around 02:27 on the same day without any justifiable reason.

The Gu refused to comply with the Gu.

2. The Defendant, at the date, time, time, and place mentioned in the above paragraph (1) above, was asked to present identification cards by F to the police officer belonging to the Gwanak-gu Police Station E-district of the Maak Police Station, who called “the Haak-gu guest who was sent to him,” and assaulted the F’s face on one occasion by her hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of C’s written laws and regulations

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

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in the workhouse [the reasonable circumstances] is against the Defendant’s confession of each of the crimes in this case.

There is no history of criminal punishment against the defendant.

In the event of alcohol, the defendant led to each of the crimes in this case, and the degree of assault that the defendant uses to police officers is not much important.

In agreement with the victim of obstruction of business, the above victim does not want the punishment of the defendant.

【Unfavorable circumstances】 The crime of this case is under the influence of alcohol to leave the victim, who is an operator of the main place.

The body of the police officers called to the Gu shall be the body of the police officers.

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