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(영문) 부산지방법원 동부지원 2020.05.26 2020고단325
퇴거불응등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is between the victim B (the age of 55) and the Dong.

1. The defendant, on January 27, 2020, was found to have avoided disturbance on the grounds that the denial of the defendant's trademark D apartment E, the house of the victim B located in Busan Shipping Daegu, Busan, was located in Busan, and even though the defendant was requested by the victim to move out of the house several times on several occasions on the same day, at around 01:21 of the same day and the police officer called out after receiving a report from the victim at around 20 minutes until he/she arrived at the place, and he/she was sitting out for about 20 minutes until the police officer arrived at the place without justifiable grounds.

The Gu refused to comply with the Gu.

2. On January 27, 2020, at around 01:40, the Defendant was at the place indicated in paragraph (1), and around 112 reported by B, the police officers G belonging to the Busan Shipping Zone F District of the Police Station of the Busan Shipping Station attempted to arrest the Defendant due to the suspicion of non-compliance with the eviction under paragraph (1). The Defendant saw the Defendant’s new attack as his hand and put him on one time the left left part of G.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning B and G;

1. A copy of the photograph;

1. Application of the Acts and subordinate statutes to investigation reports (on-site images of obstruction of performance of official duties);

1. Relevant Article 319(2) and (1) of the Criminal Act, Article 319(2) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the refusal to leave the instant case and the background, contents and degree of obstruction of performance of official duties, the attitude of the Defendant in this court, the intent of the victim B’s imprisonment, the previous conviction, the Defendant’s age, character and conduct, environment, motive or circumstance of the crime, the means and method of the crime, the details and consequence of the crime, and the circumstances after the crime.

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