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(영문) 부산지방법원 2017.08.30 2016고단4013
퇴거불응등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 13, 2016, the Defendant refused to leave the victim’s house (hereinafter “victim”) at around 19:00 on April 13, 2016, the Defendant did not leave the victim’s house until the police officer dispatched after receiving a report from the victim at around 20:45 on the same day, and did not leave the victim’s house and did not leave the victim’s house until the police officer arrives.

2. The Defendant obstructed the performance of official duties at the above date, time, and place, and on the above grounds, did not comply with C’s request for the second withdrawal from the Busan Youngdo Police Station D District E, and was arrested as the current offender for the crime of refusing to withdraw. The Defendant resisted the E’s head, chest, and left bucks. In response, the Defendant assaulted the E’s head, chest, and left bucks.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes to listen to statements by telephone;

1. Article 319(2) of the Criminal Act of the same Act concerning the facts constituting an offense (the point of refusing to withdraw) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Selection of each sentence of imprisonment;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [Scope of the recommended punishment] / The basic area (from June to one year and six months) (the person who is subject to special sentencing] (the person who is subject to special sentencing from June to one year), and there is no person (the person who is concurrently in the crime of non-compliance with the crime of non-compliance with the sentencing guidelines without the sentencing guidelines, compliance with the lowest limit) / six months of imprisonment

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