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(영문) 인천지방법원 2017.07.13 2017고단3327
퇴거불응등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On February 4, 2017, around 23:30 on February 4, 2017, the Defendant refused to leave was at the house of the victim D (or 37 years of age) residing in Seo-gu Incheon, Seo-gu C lending B02, Seo-gu, Incheon, and the Defendant, the former wife of the Defendant, and the victim, entered the case of mutual assault with each other, and did not reach an agreement due to the victim’s refusal in the course of criminal conciliation, and found him/her in the above house while under influence of alcohol.

The Defendant, who opened a door, entered the door, and she saw the victim’s blring, she spreads the blring, etc., and the victim requested the Defendant to leave the house, but did not comply with the request without any justifiable reason.

2. On February 4, 2017, at the same place as indicated in paragraph (1) around 23:50, the Defendant obstructed the performance of official duties, at the same time as indicated in paragraph (1) around 23:50, and at the same time as stated in D’s 112 report and demanded from G to leave the above place from G in the circumstances belonging to the F District District of the Incheon Western Police Station, Seo-gu, Incheon, Seo-gu, Seoul, demanded “I am sing down in the above place. I am sing down. I am back to the police station. I am sing off “I sing off, sing off, sing off, sing off, sing back to the back of the back of the Defendant’s hand.”

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. A criminal investigation report (the results of attachment and analysis of such video CDs);

1. Application of statutes on site photographs;

1. Relevant Article 319(2) and (1) of the Criminal Act, Articles 319(2) and (1) of the Criminal Act, Article 136(1) of the Criminal Act, and selection of fines for a 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. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was agreed to commit a crime during the period of suspension of the execution of the sentence, or agreed to the victim D, and the money was deposited with the victim police officer.

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