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(영문) 의정부지방법원 2018.08.10 2018고단2556
퇴거불응등
Text

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

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 21, 2018, the Defendant refused to leave, at around 01:0 on May 21, 2018, received a demand from the victim D, who is an employee managing the above restaurant, to “on the same day, the business is immediately changed” on several occasions, where he/she was a victim D, who was an employee managing the above restaurant at around 04:10.

However, the defendant did not respond to it and added to the victim's "24 hours' restaurant".

The president shall be the president.

A request for contact with the president, etc. " shall be made by provoking a disturbance, interference with business, interference with a request for withdrawal and returning to the police officer dispatched after receiving a report on around 04:27 on the same day, and continued to be rejected by the police officer, who was dispatched after receiving a report on around 112 on the same day, and shall not leave until the president is arrested as a flagrant offender interfering with business operations on the same day.

2. The victim refused to leave without good cause by refusing to do so.

2. On May 21, 2018, at around 04:47 around 04:47, the Defendant: (a) received a 112 report prior to the restaurant specified in paragraph (1) and received a request to leave from the EdistrictF, etc. belonging to the Dong-gu Police Station Edistrict, which was dispatched to the site; (b) but continued to refuse the request; and (c) was arrested in the act of committing a crime and was arrested in the act of carrying out patrol, and was committing a crime of why it would have been

On the other hand, the "F has committed violence by walking the right knee part of the F, one time."

Accordingly, it interfered with the legitimate execution of duties concerning the handling of the defendant's reporting of police officers and the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Written statements of D;

1. 112 A report processing table;

1. Application of CCTV CD-1-related Acts and subordinate statutes;

1. Article 319(2) and Article 319(1) of the Criminal Act for the crime at issue, the pertinent provision of the Criminal Act for the choice of punishment (in response to refusal of eviction and fines) and Article 136(1) of the Criminal Act (in addition, interference with the performance of official duties and fines).

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