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(영문) 수원지방법원 안양지원 2017.04.21 2017고단201
공무집행방해등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 19, 2017, the Defendant who intrudes upon a residence was in front of the Victim C’s house located in Mayang-si B, Annyang-si, Annyang-si, Annyang-si, and entered the house through an unrecepted gate, and then opened the entrance door in which the victim is living on the first floor above the ground, and why is “h”;

Intrusiond on the residence of the victim, such as opening a billiard, "Ra".

2. On the same day as above 02:35 on the same day, the Defendant was informed of the place described in the above paragraph 1 above at around 02:35 and was placed under the control of the D District E from the slope E belonging to the D District, to be suspected of intrusion upon residence, and the Defendant was under the control of the D District E from the C District E, who was called under the control of the D District E.

A saw that the police will be different, and assaulted E with the left hand by having the right hand of the slope E at the right hand and assaulting E with a slope.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the dispatch of police officers' 112 reports and on-site measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Investigation reports, investigation reports (as to the suspicion of intrusion upon a suspect’s residence), and investigation reports (as to photographic and video investigations);

1. Application of Acts and subordinate statutes, such as photographs of damage (No. 2 of the evidence list);

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 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. Although the sentencing of Article 334(1) of the Criminal Procedure Act is inferior in light of the background and content of the crime, the sentencing of the Criminal Procedure Act is against the Defendant’s wrongness, and various sentencing conditions such as the Defendant’s age, sex, occupation, family relationship should be taken into account.

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