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(영문) 춘천지방법원 강릉지원 2016.07.22 2016고단714
퇴거불응등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 24, 2016, at the front of the C cafeteria located in the East Sea B around 05:40 on April 24, 2016, the Defendant publicly insultingd the victim E, a police official belonging to the D District of the Dong Police Station D in the East Sea Police Station, who was dispatched after receiving a report of 112, by saying, “c arms, governance, gyms, gyms, gyms, and gyms.”

2. The criminal defendant who does not comply with the withdrawal from the military court on April 24, 2016, died with knife at the C cafeteria of the victim F operation in the East Sea at around 07:05.

I also received a demand from the injured party to avoid the disturbance, such as referring to the death of the injured party.

However, the defendant did not comply with this and did not leave the police officer's arrival on the same day from around 07:20 on the same day, and did not leave without any justifiable reason, and did not comply with the request to leave the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes to the complaint;

1. In cases of insult of the relevant Article of the Criminal Act and the judgment of the choice of punishment: The violation of the eviction of the judgment under Article 311 of the Criminal Act: Article 319 (2) and Article 319 (1) of the Criminal Act;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of two crimes as indicated in the holding, aggravating concurrent crimes with the punishment stipulated in the holding that the punishment is more severe);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The punishment against a defendant shall be determined and the execution of a sentence shall be suspended on condition that he/she provides community service for a certain period of time, taking into consideration the following factors: (a) reflectiveness of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation of Protection, etc.; (b) agreement with a victim refusing to leave; (c) the family environment

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