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(영문) 창원지방법원 통영지원 2017.05.18 2017고단204
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 10, 2017, the Defendant, who intruded upon a residence, was living together with the Defendant for about one year before he was located in Gyeongsung-gun, Chungcheongnam-gun around 22:00, and went to the living room and bathing room in the above residence through the entrance, which was opened.

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant interfered with the performance of official duties at the date, time, place, and 112 reported that “the person who was killed before and after towing shall not come into his house,” and sent two times water contained in the face and body of the Defendant on the ground that the Defendant’s slope E, Inspector F, assigned to the Gosung Police Station D Boxes affiliated with the Gosung Police Station, who was called out, prevented the Defendant from entering his house.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, F, and E;

1. Application of investigation reports (in relation to photographs, such as the site), investigation reports (in relation to photographs used by the person under investigation), and statutes;

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 choice of imprisonment with prison labor for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that intrudes upon the victim C’s residence without permission, and interferes with legitimate execution of duties by spreading water to the police officers dispatched after receiving a report, and is not good.

However, there is no record that the defendant was punished for the same kind of crime or has been punished for more than a fine.

In addition, the sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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