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(영문) 대전지방법원 2018.03.19 2018고단92

공무집행방해등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 10, 2017, the Defendant attempted to open a joint entrance door and enter the entrance door for about 30 minutes in front of the building 108 Dong-gu, Seoul at the large exhibition around 02:00, where the resident had a password installed, and accordingly intrudes into the elevator, and attempt to open and enter the entrance door for about 30 minutes in front of the house of the victim D (n, 67 years of age) who was 505 from getting on the elevator.

Accordingly, the defendant invadedd the victim's residence.

2. On December 10, 2017, around 02:40 on and around 10, 2017, the Defendant: (a) demanded the Defendant to present an identification card; (b) the police officer F (52 3) belonging to the Taeduk Police Station E District; (c) dispatched upon receiving a report of intrusion on residence; and (d) asked the Defendant of the circumstances of the instant case; (b) without any answer, the Defendant, who interfered with the performance of official duties, did not return to the police.

As there is a need for arrest, such as “the foregoing F,” and assaulted the F’s face level five times in drinking with his hand, intending to arrest the Defendant.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, investigation, etc. of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written petition;

1. A damaged photograph;

1. A copy of E earth's work site (a copy);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 319(1) of the Criminal Act (the point of intrusion upon residence), and the selection of fines concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. A crime that intrudes upon a residence with the reason for sentencing of Article 334(1) of the Criminal Procedure Act, and assaultss the scenery called out upon receiving a report, and the criminal liability is not minor, but is against the wrong, without any criminal history, and the defendant's behavior is easy.