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(영문) 수원지방법원 평택지원 2017.07.20 2017고단524

주거침입등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment 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 February 3, 2017, from around 23:25 to around 23:33, the Defendant intruded on a simple roof, going beyond the victim C’s house to a simple roof, and followed it, thereby infringing on the residence of the victim.

2. On February 3, 2017, the Defendant interfered with the performance of official duties, on the road in Ansan-si D around February 23, 2017. On the road in Ansan-si D, the Defendant intruded upon the residence of C, such as the foregoing paragraph 1, and was reported by C, with C’s 112 report, and assaulted C’s slope G belonging to the Falter of the Ansan Police Station Falter, which was called to the site, and the background leading up to an intrusion upon the residence from the slope H, and assaulted C’s wing part of the backhead of the slope C in the right direction.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. C’s statement;

1. Detailed description of the site photograph of intrusion damage;

1. Application of Acts and subordinate statutes to report on investigation;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor for 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the following circumstances: (a) protection and observation; (b) community service order; (c) order to attend a lecture; and (d) order to attend a lecture; and (c) order to commit rape upon a residence with the reason of sentencing under Article 62-2 of the Criminal Act to commit rape; (c) the degree of violence used by police officers is not easy; (d) order to commit contingent crimes; (c) living without any special criminal record, in addition to one fine for driving a drinking for a long time after release; (d) order to attend a lecture; and (e) order