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(영문) 서울동부지방법원 2018.07.04 2018고단426
퇴거불응등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The defendant who does not comply with the withdrawal shall frequently enter the "M church" managed by the victim L in Gangdong-gu Seoul Metropolitan Government.

At around 14:45 on December 27, 2017, upon receipt of a request from other believers by causing damage to other people, such as having expressed a desire to do so in the form of a mixed language, and return to the above MM church, but the police officer did not comply with the request and at around 15:21 on the same day, “15:40 on the ground that the time when the police officer called out by the victim’s report is “15:21 on the same day” and “15:40 on the ground that the time when the police officer called out by the victim’s report” is “15:21 on the same day,” the “15:40 on the investigation record” is corrected as above (71 on the investigation record). A police officer dispatched by a report from the victim remains there until he arrives

2. The Defendant interfered with the performance of official duties at the date, time, and place described in the above Paragraph 1, and at the place described in the above Paragraph 1, 112 reported that the Defendant “the abnormal person fright to go to go to the church,” and called out from the Nterter of the Seoul Gangnam-dong Police Station, Gangnam-gu Police Station, Seoul, and called out for a different speech from the church.

C. In the process of arresting a flagrant offender due to the refusal to leave due to the fact that he/she did not comply, he/she obstructed the police officer’s legitimate execution of duties concerning the handling of 112 reported cases by assaulting the left-hand bucks by asking for O’s left-hand bucks.

Summary of Evidence

1. Legal statement of the witnessO;

1. Each police statement with respect toO or L;

1. Investigation report (Confirmation of CCTV recording data from the M church);

1. Application of Acts and subordinate statutes to medical certificates and photographs of the upper part;

1. Relevant legal provisions of the Criminal Act, Articles 319(2) and 319(1) of the Criminal Act (in the case of refusing to withdraw), Article 136(1) of the Criminal Act (in the case of obstructing the performance of official duties) and Articles 136(1) of the Criminal Act and the choice of imprisonment

1. Determination as to the assertion by the defendant and his/her defense counsel under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes

1. The gist of the assertion is that there was no request from the victim L to leave, and the arrest of police officers in the act of committing the crime cannot be deemed legitimate execution of official duties because the police officers illegally arrested them.

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