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(영문) 수원지방법원 여주지원 2018.03.28 2017고단947
주거침입등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On July 2, 2017, the Defendant intruded into the said C-house, a multi-household, in order to find out whether the Victim D (M, 56 years old)’s male and female E was hidden at the house of the victim D (M, 56 years old) who lived in front of the C-house, and to find out whether the Defendant’s mother’s male and female E was hidden.

In addition, when the defendant comes to 301 the above multi-household house where the victim lives, the defendant she opened a string and walked from the door, and walked from the door several times, and the reading center was miscellaneous by hand.

2. The Defendant interfered with the performance of official duties, at the time, at the place specified in the above paragraph (1) and at the same time as indicated in the foregoing paragraph (1), recklessly intruded into the D’s residence, and, upon reporting D’s 112, the F of the Police Station in the Innju Police Station and G, who called out after the receipt of the D’s 112 report, flob, bit of bitch bitch bit

The term "the mother and child used while taking a bath" was put to F in the police officer.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports and maintaining order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of statutes on site photographs of the case

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. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the crime of this case is likely to harm the peace of another person’s residence at the latest and at the latest, and the police officers dispatched upon receipt of a report are able to take a bath and use tangible power, and the crime is not less complicated.

However, the defendant's mistake is justified and is against the law.

It was agreed to the effect that the victim of intrusion by residence does not want criminal punishment of the defendant.

interference with the performance of official duties;

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