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(영문) 서울북부지방법원 2013.05.24 2013고단679
주거침입등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 6, 2013, at around 07:00, the Defendant entering a residence (hereinafter referred to as “victim”) in Dobong-gu Seoul Metropolitan Government C’s residence, and went back to the residence of the victim D (hereinafter referred to as “32 years of age”), on the ground that the victim does not open a door, and the victim opened the door, opened the door door adjacent to the entrance of the above residence, and opened the lock door into the said residence, and cancelled the locking device, and intrudes on the victim’s residence.

2. In relation to obstruction of performance of official duties, the Defendant: (a) stated in paragraph (1); (b) stated that two police officers, such as the Seoul Dobong Police Station Estation F, etc., dispatched upon receipt of 112 reports, sent to the said D, expressed that “I would like to get off the F, I would like to go off. I would like to go off. I would like to go off. I would like to go off the above F’s right shoulder at one time by hand, and would like to go off the face face of the said F, thereby causing injury to the said F. I would like to give approximately one week medical treatment.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning public security duties, and inflicted injury on the victim at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to express opinions;

1. Article 319 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (an aggravated punishment for the crime of injury and the crime of intrusion upon residence with heavy injury) shall be imposed;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, on July 1, 201, reasoning for sentencing under Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order.

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