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(영문) 서울중앙지방법원 2015.09.24 2015고단4313

주거침입등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 04:00 on March 3, 2015, the Defendant, who was living in Seocho-gu Seoul Metropolitan Government, went into the 13th floor by using elevators, and opened a 13th floor and opened an entrance in which the residence of the victim D was not corrected, and intruded into the residence of the victim.

2. The Defendant: (a) was arrested as a flagrant offender committing an intrusion at the back seat of the patrol police station and was escorted to the E police box, after receiving a report of 112 on the same act as the above 1.1; and (b) was arrested to the assistant F, etc. of the Seocho Police Station Epic who was dispatched to the scene.

On March 3, 2015, at around 04:38, the Defendant: (a) took a bath to request the said F to take off the vehicle from the back seat of the patrol vehicle when he was in possession of the E box located in Seocho-gu Seoul, Seocho-gu, Seoul; and (b) assaulted the above F’s face, chest, and the f’s chest, walking the f’s breast, and walking the f’s mouth, thereby hindering the police officer’s 112 report processing and lawful execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F and D;

1. Relevant Article 136(1) of the Criminal Act and Article 319(1) of the Criminal Act (the point of obstruction of performance of official duties, the choice of fines) concerning criminal facts, the choice of punishment, and Article 136(1) of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.