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(영문) 인천지방법원 2020.09.09 2020고단4197
퇴거불응등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The defendant who did not comply with the withdrawal from the military court on April 20, 2020, after providing accommodation free of charge under Goyangyang-gu Belc in Goyang-gu, Goyang-gu on April 12, 2020, and received a request for withdrawal from the above employees D, the victim, but on the same day, he/she received a request for withdrawal from the above employees D, the victim, at around 13:49 on the same day, without justifiable grounds until

The Gu did not comply with the Gu.

2. 공무집행방해 피고인은 2020. 4. 20. 14:15경 제1항 기재와 같은 장소에서 신고를 받고 출동한 고양경찰서 E지구대 소속 순경 F로부터 모텔 객실에서 퇴거할 것을 요구 받자 “좆밥들 다죽어 시발새끼들아”라고 욕설을 하며 벽에 걸려있던 옷걸이를 집어들고 위 F의 얼굴을 향해 휘둘러 폭행하였다.

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

Summary of Evidence

1. Application of Acts and subordinate statutes on the list of reported cases to the police officers in relation to the defendant's legal statement D and F;

1. Relevant statutory provisions on criminal facts, Article 319(2) of the Criminal Act of the choice of punishment, Article 136(1) of the Criminal Act (the point of obstructing performance of official duties), and the choice of fines [the defendant is the substitute for criminal acts, and the defendant shows an attitude against the mistake, and is able to concentrate on treatment of alcohol dependence; he/she agreed with the victim of the crime of refusing to leave; and 50,000 won was deposited for the police officer victimized by the crime of obstructing performance of official duties];

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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