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(영문) 수원지방법원 2015.01.28 2014고단5586
건조물침입등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On June 25, 2014, at around 19:00, the Defendant: (a) discovered that he/she was missing a wall and cell phone while drinking alcohol at a D restaurant located in Suwon-si, Suwon-si; (b) and two persons, such as D, E, etc., who have driven alcohol at a two-lane different heading house after drinking alcohol; and (c) stored the wall and cellular phone in his/her own line; and (d) led his/her employees to be lost within the said restaurant on June 26, 2014, when he/she was aware that he/she had been in custody of the wall and cell phone; and (b) had the entrance installed by the victim F, his/her employees, by cutting off the entrance at a restaurant after the order of the above correction devices, and intruded the said building.

2. On June 26, 2014, the Defendant interfered with the performance of official duties by a police officer with respect to the handling of 112 reports, on the following grounds: (a) on the ground that the Defendant intruded in a restaurant as above, on June 26, 2014; (b) confirmed the circumstances, etc. of the instant case by the Suwon Heavy Police Station G District G District H, which was dispatched after receiving the said F F’s 112 report; and (c) stated that “the Defendant: (a) took a sway flap; and (b) took a cell phone; and (c) made a call to the said H; and (d) obstructed the police officer’s legitimate performance of official duties by

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Application of statutes on site and victim photographs;

1. Articles 319(1) and 136(1) of the Criminal Act concerning criminal facts and the choice of fines for the obstruction of performance of official duties;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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