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(영문) 서울남부지방법원 2018.10.30 2017고단6551

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On November 19, 2017, around 21:00 on November 21, 2017, the Defendant: (a) intruded into a tent in front of the direct trade market in Yeongdeungpo-gu Seoul Metropolitan Government building; (b) invaded into the bottom of the tent; and (c) stolen three raw water of rice 1,600 won at the market price owned by the victim D (e.g., 57 years old).

2. The Defendant damaged property at the date and time specified in paragraph 1, and at the place of the said victim’s ownership, the Defendant destroyed and damaged 2,00 won in a state where it can not be sold by opening two straws in a state of rice with 1,600 won in the market value, 1,600 won in total, and 10,000 won in the market value.

3. Whether the Defendant interfered with the performance of official duties from the police officer F belonging to the E Zone, called “I have entered this place” after receiving a report from 112, stating that the Defendant entered a room in direct trade in front of the C Building at the time and place specified in paragraph 1.

“I see the word “I Chewing”, “I see, and the police have been done.”

Whether the examination has passed or passed;

The self-grash shall be discarded well.

” 라는 등의 욕설을 하면서 위 F의 얼굴을 손으로 때릴 것처럼 휘두르고, 위 F의 다리를 발로 1회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reports and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement and the list of cases to be reported, etc. under 112;

1. Written statements of D;

1. Application of investigation reports (Attachment of screen pictures by police officers in charge of on-site mobilization), damaged photographs, and statutes governing on-site video CDs;

1. Selection of each imprisonment with prison labor for the remaining crimes except for theft of intrusion upon a structure at night, which is sentenced to imprisonment with prison labor for not more than 10 years under relevant provisions of the Criminal Act, Article 330 of the Criminal Act (the larceny of intrusion upon a structure at night), Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and Article 136 (1) of the Criminal Act, as statutory penalty;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the most punishment) shall be imposed on concurrent crimes.