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(영문) 울산지방법원 2014.09.18 2014고단1749
퇴거불응등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 9, 2013, the Defendant was demanded to request the victim to leave from the victim around 23:40 on the same day while drinking alcohol at the victim C’s residence in Ulsan-gu B Studio 201, Ulsan-gu, Ulsan-gu, 201.

However, the defendant who did not comply with it and dispatched to the site after receiving a report at around 23:40 on the same day and receiving a report at around 112;

Notwithstanding the Gu, there is a need to leave the victim and the police officer without justifiable reasons for about 25 minutes;

The Gu refused to comply with the Gu.

2. The Defendant, at around 23:40 on May 9, 2013, leaving the scene of the obstruction of performance of official duties, from the victim E assistant of the police officer belonging to the Ulsannam Police Station D District Unit, who was dispatched to the scene after receiving a report of 112 at the said place.

Even after receiving the Gu, “I spice sprinks and B, I am little. I am sprinked, the police officer gets frighted, and am sprinked with the old wharf, and am sponsed with the chest, and refused to comply with this, and was arrested from E slope to flagrant offenders, the victim’s bridge was sprinked twice as soon as the victim’s bridge was spicked, thereby obstructing the police officer’s legitimate performance of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Application of Acts and subordinate statutes to photographs of the stoves of clothes;

1. Relevant Article 319 (2) and (1) of the Criminal Act and Article 319 (1) of the Criminal Act that prescribes the applicable provision on criminal facts, the choice of punishment (the choice of imprisonment, the choice of imprisonment), and Article 136 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant, for the reason of sentencing under Article 62-2(1) of the Probation Criminal Act, refuses the victim C’s request to leave his/her own house during one night, and subsequently interferes with the police officer’s performance of official duties due to abusive language and assault, etc. shall be selected by imprisonment with prison labor due to extenuating circumstances.

However, in the trial process of this case, the defendant was given the preference to the defendant by mutual consent with the victim C, and the defendant was punished by a fine not exceeding 20 years.

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