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(영문) 인천지방법원 2017.11.30 2017고단7452
퇴거불응등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Around October 22:45, 2017, the Defendant, in response to the Defendant’s refusal to leave, received a request from the injured party D to drink alcohol at the victim’s house of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, Incheon, to leave the house. However, the Defendant did not comply with the victim’s demand to leave the house even after the victim’s arrival.

2. The Defendant interfered with the performance of official duties from F, a police officer belonging to the Incheon Samsan Police Station E District Police Station, who was dispatched after receiving a report of 112 at the time and place specified in paragraph (1).

The phrase “a request to take out” refers to F, who will take the speech, and “n't be Mara in doing so.”

B. The term “debrison” refers to “debrison,” and the term “F assaulted F, such as f to arrest the Defendant as an offender for the crime of refusing to leave, and f to debris the lower part of F by hand, and f to debrison in hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

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

1. Relevant legal provisions of the Criminal Act, Article 319(2) and (1) of the Criminal Act (which does not comply with the eviction), Article 136(1) of the Criminal Act (which interferes with the performance of official duties) and the selection of fines for the crime;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is the same as the order of the Criminal Procedure Act, rather than due to the same type of crime during the period of suspension of the execution of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act. A majority of the criminal records of violence and obstruction of the performance of official duties have been committed before 2009, but all of them have been agreed with the victim of the refusal to leave, which is minor in the degree of violence of obstruction of the execution of official duties, the defendant is against himself/herself, and is an contingent crime.

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