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(영문) 의정부지방법원 2016.03.31 2016고단59
퇴거불응등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On December 19, 2015, the Defendant, in response to the Defendant’s refusal to leave, did not leave the same place of business for about one hour, and did not leave the victim and did not leave the same place of business for about one hour, such as by drinking alcohol, and by drinking so that the Defendant d’E located at the time when the victim C works. However, the Defendant demanded the victim to leave the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening.

2. On December 19, 2015, at around 22:36, the Defendant: (a) recommended G and H, a police officer belonging to the police stationF police station of the Gu Government, who received and dispatched the report 112 of the above C, to capture the Defendant and return to Korea on several occasions; (b) on the contrary, he/she recommended him/her to return to Korea on several occasions.

Does they are superior to booms;

C. Epule ma, this flab, while flabing this flab, assaulting the instant G and H by flabing the flab, and preventing this flabing, and committing assault against the said G and H, such as flabing the drinking in a lab.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on suppression of crime.

Summary of Evidence

1. The defendant's partial statement in the first trial record (the purport that he/she has not complied with the request for eviction) ;

1. Application of the statutory statement statutes to the witness C, H and G;

1. Article 319 (2) and Article 319 (1) of the Criminal Act (which does not comply with the eviction) concerning the facts constituting an offense, and Article 136 (1) of the Criminal Act (which interferes with the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. As to the assertion of the Defendant and his defense counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the Defendant and his defense counsel did not exercise violence against the police officer at the time, and even if so, exercised violence.

Even if the police officer's arrest of the criminal in the act of committing an offense was completed, and the police officer's restraint of the defendant was not a legitimate official duty, so it does not interfere with the execution of official duties.

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