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(영문) 청주지방법원 2018.01.11 2017고단2415
퇴거불응등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 4, 2017, the Defendant was sentenced to a suspended sentence of six months for an indecent act committed in the Chungcheong District Court’s Jeju District Court’s branch, and the judgment was finalized on September 16, 2017. On November 30, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for a crime of obstructing the performance of official duties at the Cheongju District Court, and the judgment became final and conclusive on December 8, 2017.

1. On May 20, 2017, the Defendant refused to withdraw from the Republic of Korea: on the part of the victim D in Jincheon-gun, Jincheon-gun on May 20, 2017; on the part of the victim D, without any reason under the influence of alcohol, the Defendant prepared the Defendant’s “Igri Ham Ham Ham Ham Ham Ham Ham Ham Ham Ham Ham Hamh

C. It was demanded that the driver be able to take the walk, such as the driver be able to walk the string and walk the string.

However, the Defendant did not comply with the demand to leave the victim on the same day without justifiable reasons, such as making a report to 112 on the same day, and continuously taking a desire to move out of the telecom, and spawning it.

2. The Defendant of intimidation: (a) reported the victim 112; and (b) died of the victim as seen above by the victim; and (c) drive the victim out of the damaged telecom.

I ambling.

“The police shall not be allowed to report.”

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history, each investigation report (a confirmation of the identity of a suspect and attaching a copy of the judgment, and a latter concurrent crimes);

1. Article 319(2) and Article 319(1) of the Criminal Act (in the case of refusal to leave), Article 283(1) of the Criminal Act (in the case of intimidation) and the choice of imprisonment with prison labor for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 62(1) of the Criminal Code of the suspended execution (the fact that the crime is committed while being committed, and the details and degree of the crime.

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