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(영문) 광주지방법원 2017.07.13 2016고단5175
퇴거불응등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 5175]

1. On August 28, 2016, the Defendant, refusing to leave, entered the entrance of the victim C’s house located in Gwangju Northern-gu, Gwangju Northern-gu, in the entrance of the victim C’s house located in the same subparagraph, and the victim was the Hague.

Despite the demand made by the injured party for a dispute over this issue, it was not until the police who was dispatched to the victim on August 29, 2016 and was arrested as the current criminal.

Accordingly, the defendant did not comply with the demand of the victim to leave without justifiable reasons.

2. 공무집행 방해 피고인은 2016. 8. 29. 00:02 경 위 제 1 항과 같은 장소에서 위와 같은 신고를 받고 출동한 광주 북부 경찰서 E 지구대 소속 경찰인 경사 F로부터 “ 밖으로 나가서 이야기를 하자 ”며 퇴거를 권유 받자 “ 짭새 개새끼야, 너가 뭔 데 ”라고 욕설을 하며 오른 팔뚝으로 F의 목 부위를 밀치고, 이에 F 등이 피고인을 현행 범인으로 체포하여 순찰차 뒷 좌석에 태우자 발로 F의 복부 부위를 1회 걷어찼다.

Accordingly, the defendant assaulted police officers who perform legitimate duties such as handling 112 reports by police officers and arresting flagrant offenders, thereby obstructing the performance of official duties.

[2017 Highest 1691] The Defendant is a person who employs two full-time workers at G (State) H in South Korea and operates “I”.

The Defendant did not pay KRW 1,064,510 on August 16, 2016 to the above company from August 26, 2016 to August 26, 2016, wages of 1,064,510 of a retired employee J who retired from office, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

[2016 Highest 5175]

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. The K's statement;

1. 112 Report sheet, work log (2017 high group 1691);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of J;

1. Article 136(1) of the Criminal Act applicable to the relevant criminal facts and Article 136(1) of the choice of punishment (a) of the Criminal Act

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