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(영문) 춘천지방법원 강릉지원 2017.03.30 2016고단1202
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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. In light of the fact that the Defendant was living in 301 of the studio building managed by the victim D in Gangseo-si, Gangnam-si, on July 7, 2016, on the ground that the relationship with the neighboring residents is not good, and thus, he did not interfere with the living under the above 301, the Defendant used the keyss around the window 202 and opened the entrance and intruded on the residence managed by the victim.

2. At around 11:10 on July 7, 2016, the Defendant insultd the victim by openly insulting the victim on the ground that: (a) a private victim F, at the studio 1st floor of the studio above; (b) a private victim F, who was dispatched to the scene, was said to have returned to Defendant 301; and (c) a private victim F, such as D, was heard by 7-8 around the scene; and (d) a victim’s bit of a bit of bitch bitch, bit of a bitch bit of a bitch bitch, bit of a bitch bit

3. The Defendant interfered with the performance of official duties at the time and time stated in the above paragraph (2) and at the site, and there was an assault against G police officers belonging to the Gangnam Police Station E District in order to arrest the Defendant as a flagrant offender, such as intrusion upon residence, against the defect, and assaulting G’s left side bucks one time to walk.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. On-site photographs;

1. Application of Acts and subordinate statutes on real estate lease agreement;

1. Relevant legal provisions of the Criminal Act concerning the facts constituting an offense, Articles 136(1) (the point of obstructing the performance of official duties), 319(1) (the point of intrusion upon residence), 311 (the point of insult) of the Criminal Act, and the choice of imprisonment with prison labor;

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 (including the fact that only one year of punishment by a fine, and the fact that the degree of infringement of legal interests in the crime of intrusion upon residence, and the degree of assault in the crime of interference with the execution of public duties is relatively insignificant, etc.);

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