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(영문) 수원지방법원 평택지원 2017.02.23 2016고단1457
퇴거불응등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant, on March 3, 2016, at around 01:00, was abused by E, who is the dependent of the Defendant attending the above child care center, within the child care center run by the victim D (V, 46 years of age) in Pyeongtaek-si C, and was abused by the child.

The CCTV was confirmed by asserting it.

Defendant 1 stated that the time to drink to the above E in the above child care center was not fixed, but the above victim was "I do not abuse, but she was changed;

Hen only her husband and wife;

They made intimidation with the big knife that knife will die.

2. On March 8, 2016, from around 11:20 to 12:10 on the same day, the Defendant, in response to the refusal to leave, stated that he/she did not investigate the victim’s child abuse at the Dong-based Police Station located in Pyeongtaek-si in the center of Pyeongtaek-si and the F Team office located in Pyeongtaek-si, and that he/she did not investigate the victim’s child abuse. However, he/she received a request for eviction from the police officer G belonging to the above police station several times.

Nevertheless, the Defendant continues to “Isia, Isia and Isia, Isia, and Isia,”

D. D. S.T. L. L. S. Doz., Doz., Doz., Doz., Doz.

“I have refused to comply with the request for eviction by sound.”

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness D and H;

1. Statement made by the police with regard to D, G and H;

1. A CD in the video data CD of the recipient;

1. Application of Acts and subordinate statutes to a public official's statement protocol and case judgment;

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 283(1) of the Criminal Act (in the case of intimidation) of the Criminal Act, and each choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, the order to attend a lecture, and the order to attend a community service order, were that the Defendant had excessively interested due to the care problems of young children, and that the Defendant did not comply with the request of the police officer for the withdrawal of the police officer when he requested an investigation related thereto.

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