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(영문) 서울남부지방법원 2017.06.15 2017고단1023

주거침입등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On January 2, 2017, at around 22:45, the Defendant infringed upon the residence of the victim by opening the said gate in accordance with the victim C and entering the front stairs of 101 under the influence of alcohol, when drinking in the stairs B B lending 101 in Gangseo-gu Seoul Metropolitan Government.

2. On January 2, 2017, at around 22:50, the Defendant violated the face of the above E on a one-time basis, on the following grounds: (a) a police officer affiliated with the Seoul Western Police Station D District, who was called up upon receiving a report of 112, who arrested the Defendant as a current offender and tried to take aboard the patrol vehicle, without any specific reason: (b) a police officer affiliated with the Seoul Western Police Station D District, who was called up upon receiving a report of 112.

Accordingly, the defendant interfered with the legitimate execution of duties such as reporting and handling duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes governing external wounds;

1. Relevant Article 136 of the Criminal Act and Articles 136 (1) and 319 (1) of the Criminal Act concerning the selection of criminal facts (elective of fines);

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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention in the workhouses were as follows: (a) the Defendant was the primary offender; (b) some victims want to have the Defendant’s wife against the Defendant; (c) other victims do not want to have the Defendant punished; (d) the Defendant appears to have committed contingent acts under the influence of alcohol; (c) the confession and reflect of the crime; (d) the Defendant’s age, sex behavior, circumstances after the crime; and (e) the sentencing conditions indicated in the records and arguments, such as family relations.

It is so decided as per Disposition for the above reasons.