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(영문) 서울서부지방법원 2015.08.19 2015고단1283

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On May 3, 2015, the Defendant attempted to enter a residence, around 23:40 on May 3, 2015, when he was at the house of the victim D of Seodaemun-gu Seoul Metropolitan Government C Apartment 2OOOdong 1OOOO2, and the Defendant, while under the influence of alcohol, opened a door, opened a door, opened a door on several occasions, opened a door, and opened it into the victim’s house. However, the Defendant did not commit an attempted crime because the entrance was set off and the victim did not open the entrance.

2. On May 4, 2015, the Defendant committed assault, such as: (a) around 00:30, the police box of Seodaemun-gu Seoul Seodaemun-gu Seoul Western-gu Police Station; (b) on the one hand, the Defendant was arrested and detained as a flagrant offender committing a crime of intrusion upon residence while waiting in the presence of the police box; and (c) on the other hand, the police box attached to the police box was sealed by G during the control of the police box while waiting in the presence of the police box.

As a result, the Defendant interfered with the legitimate performance of duties concerning the handling of reported cases and the maintenance of order in the police box.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of H and D;

1. Damage photographs;

1. Investigation report (production of CCTV images for crimes A and attachment of records) and application of the statutes on field CCTV images;

1. Relevant Articles 322, 319 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of attempted entry into residence and the choice of fines) concerning criminal facts and the choice of punishment (the point of obstruction of performance of official duties and the choice of fines);

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized and closely reflected in the sentencing, the fact that it appears to be a contingent crime under the influence of alcohol, the fact that it is still a juvenile under the age of 18, and the first offender, etc.