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(영문) 인천지방법원 부천지원 2019.02.19 2018고단2596
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is between the victim B and the military line, and between the latter and the latter.

On June 20, 2018, at around 09:35, the Defendant was requested by the victim to leave his/her place of residence, such as drinking alcohol together with the victim, opening a sound while drinking together with the victim, and opening another house, but the Defendant did not leave his/her place of residence until the police officer is dispatched upon the victim’s report at around 09:45 on the same day.

Accordingly, the defendant leaves the victim.

The Gu did not comply with the Gu.

2. When the Defendant, at the time and place mentioned in the above paragraph (1), was urged to leave the E-district of the Southern Police Station E-gu, which was dispatched upon the above report by the Defendant, from F, the Defendant was arrested as a flagrant offender for the crime of obstruction of performance of official duties, by committing assault, such as pressing the boundary of F in his hand and breaking the police gate, etc.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, F and G;

1. 12 Reporting;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article 136(1) of the Criminal Act and Article 319(2) and (1) of the Criminal Act concerning criminal facts, the choice of punishment, and Article 136(1) of the Criminal Act;

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. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. Claim as to refusal to leave;

A. Summary of the argument that the victim directly leaves the defendant

Since there is no fact that the Gu had made the Gu, the defendant is not guilty of non-compliance with the eviction.

B. The following circumstances revealed by the evidence of judgment: (a) the Defendant was able to have avoided a large disturbance by drinking alcohol at the time of committing the instant crime; (b) the victim B was able to have the Defendant satisfy and return home.

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