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(영문) 인천지방법원 2016.02.04 2015고단6196
주거침입미수등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 25, 2015, at around 04:15, the Defendant attempted to intrude into the residence of the victim D (2:3) located in Nam-gu Incheon Metropolitan City, Namdong-gu C and 102, and around 04:15, the Defendant attempted to remove the victim’s mother E at a small response to the victim’s her mother’s ethy and to open the small-scale window thereafter, and to enter the residence by leaving the house, such as intending to open the string door and a number knife the string door and a knife a number knife. However, the Defendant did not come into the wind where the small door door and the knife door are locked and attempted.

2. On June 25, 2015, around 05:02, the Defendant: (a) was arrested of the victim G (29) who was the police officer of the Incheon Southern Police Station, who was called out after receiving a report of 112 on the road in front of the above paragraph (1); (b) was arrested of the victim on charges of residential intrusion; and (c) was arrested of the victim on the part of the police officer of the Incheon Southern Police Station, who was a police officer of the Seoul Southern Police Station, to escape him; and (d) the Defendant was charged with the victim’s head aboard the patrol vehicle.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the suppression and investigation of crimes, and at the same time, the Defendant caused the victim to “damage to salvinium and head parts” which require approximately two weeks medical treatment.

Summary of Evidence

【Criminal facts No. 1】

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police for E;

1. Written statements of D;

1. Investigation report (case of damage to a victim's residential impulse);

1. Partial statement of the defendant;

1. The witness H and G respective legal statements;

1. Photographs (the fact of injury inflicted upon the victim G, who is the police official);

1. Application of Acts and subordinate statutes to G;

1. Relevant Articles 322, 319 (1) (a) (a person who attempts to intrude upon his/her residence) of the Criminal Act, Article 136 (1) of the Criminal Act (a person who interferes with the performance of official duties) and Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of obstructing the performance of official duties and the crimes of injuring an injury, and the punishment imposed on the crimes of serious injury shall be imposed);

1. Selection of the penalty: 1. Determination of the penalty;

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