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(영문) 울산지방법원 2019.07.26 2019고단544
퇴거불응등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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. Withdrawal of the Defendant: (a) around 02:00 on December 28, 2018; (b) the Defendant received a request from the victim C to complete his/her business at the “D” restaurant operated by the victim C in the Northern-gu, Ulsan-si; (c) but on the same day, he/she received a report from the victim and received a request from the victim C to leave the victim until the police officer dispatched after receipt of the report from the victim, arrives.

The Gu refused to comply with the Gu.

2. The Defendant interfered with the performance of official duties by assaulting the police officer’s legitimate performance of duties by assaulting the police officer, such as: “The police officer of the Ulsan Central Police Station Escoping Party Escoping Party F of the Ulsan Central Police Station Escoping Party, sent out after receiving 112 reports that “I will not leave the restaurant,” and “I will go home from the police officer of the Ulsan Central Police Station Escoping Party F and scoping Party G. The scoping Party is the police officer itself in the police box. It is close that I will pay taxes due to the scopher.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to C, H, and G

1. Relevant Articles 319(2) and 319(1) of the Criminal Act for criminal facts, Article 136(1) of the Criminal Act for each criminal law, and the choice of imprisonment with prison labor for each of the following reasons:

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are the confession of all of the crimes of this case, the victims are not subject to the punishment of the defendant, there is no criminal record subject to punishment exceeding the fine, and other various sentencing factors, including the defendant's age, environment, motive for the crime, and circumstances after the crime, etc., shall be determined as ordered in consideration of the following factors.

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