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(영문) 수원지방법원 성남지원 2018.09.04 2018고단1017
건조물침입등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On May 10, 2018, the Defendant invadedd a structure owned by the victim who was up to the second floor of the above church building to the victim E, even though the said church manager went into the D church building located in Seongbuk-gu, Sungnam-si, Around 2018.

2. The Defendant interfered with the performance of official duties at the same date, time, and place as mentioned in the foregoing paragraph, and at the same time and place, and the police officer G and the police officer assigned to the F police box of the Seongbuk-nam Police Station, who was called out after receiving the report of the above E, demanded the Defendant to leave the police officer G and the police officer, but did not leave the police officer, and attempted to arrest the Defendant as a flagrant offender suspected of intrusion on a structure and

The Defendant refused to get on the patrol vehicle, thereby shouldering the suspension of the above H’s left hand, shouldering the part of the right mouth of the above G, and assaulting him, such as spiting off the face and head part of G.

Accordingly, the defendant has prevented police officers from performing their legitimate duties on the handling of 112 reported cases.

Summary of Evidence

1. Each legal statement of witness E, H, G, and I;

1. Each police statement made to G, H, and E;

1. Each damaged photograph;

1. Each investigation report (the extraction ofCCTV images and the leakage of CCTV images and the application of Acts and subordinate statutes);

1. Article 319 (1) and Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties) concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Determination as to the assertion by the defendant and his/her defense counsel under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes

1. The defendant asserts to the effect that the defendant's articles, such as as as soon as the judgment on the crime of intrusion of a structure, are carried into the above church, or that the above church does not enter the building against the will of the manager of the above church.

The following circumstances acknowledged by each of the above evidence, i.e., the Defendant, before two months prior to the date of the instant crime, set aside in the above church every day and food to the above church.

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