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(영문) 대구지방법원 2016.04.28 2016고단512
건조물침입등
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 December 14, 2015, the Defendant infringed upon a structure, entering a lecture room for a DNA private teaching institute where the victim C (V, 24 years old) located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and the victim C (V, 24 years old) was strong, into the lecture room for a building.

2. The Defendant interfered with the performance of official duties, at the above date, at the same place, and at the same time, and at the same time and place, the Defendant was urged by the police officer F to go out of the private teaching institute, after receiving a 112 report that the Defendant infringed on the said private teaching institute, and thereby interfered with the police officer’s legitimate performance of duties concerning the handling of reports by assaulting the F(33) on one occasion, such as boomer’s back part at the private teaching institute.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and C;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (1) (a point of intrusion on a structure), Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties), and the selection of fines 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include: (a) the confession of the instant crime and the Defendant reflects his mistake; (b) the victims do not want the Defendant’s punishment; (c) the Defendant has no record of crime; and (d) the Defendant’s age, sex, criminal conduct, environment; (b) motive, means and consequence of the instant crime; and (c) the conditions for sentencing specified in the pleadings of the instant case, such as the circumstances after the commission of the crime, etc., shall be determined as ordered

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