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(영문) 창원지방법원 2013.05.10 2013고단631

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 20, 2012, from around 20:30 to around 23:30, the Defendant: (a) intruded into the Defendant’s dwelling area of Jinhae-gu B Manionion 301; (b) through the window set forth in the above B Manion 302, which was not set up by leaving the window, and then contained KRW 50,000,000 in total the market value of the Victim C’s, etc. and KRW 50,000,000,000 in total, and KRW 8,550,000,000 in the shape of clothes, such as 1,000, and 3,000,000, in a plastic paper.

Accordingly, the defendant invadedd the victims' residence at night and stolen the property.

2. On November 20, 2012, the Defendant of the obstruction of performance of official duties by deceptive means: (a) around 23:54, the Defendant: (b) had an employee of the convenience store at the above convenience store report to the effect that, although there was no fact of witnessing the murder incident; (c) had the said employee who knew that the horses were false, reported murder; and (d) had the said employee report 112 to the effect that the murder case occurred; and (e) had said employee notify the said employee of the fact that the horses were posted to the police station at the police station at the time of receipt of the report; and (e) had said employee G of the police station at the time of receipt of the report,

As a result, the Defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes by deceptive means.

3. 공무집행방해 피고인은 2012. 11. 21. 00:25경 창원시 진해구 안골동에 있는 진해경찰서 F파출소에서, 임의동행되어 그곳에 왔다가 위 파출소 소속 순경 I으로부터 인적사항을 요구받자 위 I에게 “네가 뭘 도와주는데, 이 새끼야, 무식한 경찰새끼”라고 욕설과 폭언을 하며 손으로 위 I의 양 팔을 잡아 비틀고, 그의 머리를 1회 때리는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.

Summary of Evidence

1. The defendant;