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(영문) 제주지방법원 2015.04.16 2015고단279
퇴거불응등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 2, 2014, the Defendant, while under the influence of alcohol, attempted to do fling to the victim C(54 years of age) who was friended by the Defendant’s friended victim C(54 years of age) on December 18, 2014, but was able to do so with respect to the inheritance of property with the victim. However, the Defendant was able to avoid disturbance, such as friending the victim’s desire to not respond to it.

Therefore, although the victim requested the defendant to leave the place of residence, the defendant did not comply with the request without justifiable reasons.

2. On December 2, 2014, the Defendant, at around 20:30 on December 2, 2014, left the place of residence of the above C, to avoid disturbance and leave the place of residence of the Defendant.

At around 20:40 on the same day, Seopopo Police Station D District E and Police Officer F, who called out with the police officer’s uniform worn out of the Gu, resisted to arrest the police officer as a flagrant offender under the suspicion of non-compliance with the eviction at around 20:40 on the same day, and interfered with legitimate execution of duties concerning the criminal investigation of the above police officer, such as: (a) the police officer’s body is pushed away by hand with the police officer’s hand; (b) the police officer’s body is pushed up with the left arms; and (c) the police officer’s must undergo the above Fel with the hand-on with the hand-on hand, and continuously carried out the above E slope’s left hand, etc.; and (d) the police officer’s legitimate performance of duties was obstructed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, F, and E;

1. On-site photographs;

1. Application of Acts and subordinate statutes on the place of work in the D District;

1. Relevant legal provisions concerning criminal facts: Article 319 (2) and (1) of the Criminal Act and Article 136 (1) of the Criminal Act;

1. Commercial concurrence and choice of penalty: Articles 40 and 50 of the Criminal Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition by the reason of Article 62 (1) of the Criminal Act or more;

Type 1 of obstruction of the performance of official duties, basic area: Normally favorable for June -1 April: There is no previous difference;

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