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(영문) 수원지방법원 안양지원 2018.09.28 2018고단835
주거침입미수등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant who attempted to intrude upon his/her residence came to fall under 201 where the victim D, who was in Macheon-si C around April 9, 2018, resides in 201.

In spite of a series of stories “,” the term “fortunate 5 minutes”, while under the influence of alcohol, the term “fortunate 5 minutes” refers to several times, and the front door was placed in hand, and several times, and tried to keep up with the driver’s house, and intrude into the victim’s house. However, the front door did not bring about it into the wind and attempted.

2. The Defendant interfered with the performance of official duties at around April 18:14, 2018, at the place of paragraph (1) at around 18:14, who was reported and sent to the site 112 due to the foregoing facts, and the background F of the E District of the Incheon Police Station attempted to talk with the Defendant about to verify the situation, but the Defendant “Isk, skin, skin, and police.”

"........ F, etc. committed assault by F, etc., such as twice the right f, the right f, and the left f, once the right f, on the ground of a defect that F, etc. attempted to arrest a flagrant offender.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of D, G and H;

1. Application of the Acts and subordinate statutes on the job site of E earth;

1. Relevant Articles 322, 319(1) (a) (a point of attempted intrusion upon residence) of the Criminal Act, Article 136(1) (a) (a point of the year in which official duties are performed) of the Criminal Act, and choice of imprisonment with prison labor for each crime;

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. The crime of this case on the ground of sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is under the influence of liquor by the defendant not only committed a crime of attempted intrusion upon a neighbor, but also committed a crime against a police officer called out upon receiving a report, and thus, the nature of the crime is not weak.

However, it is against the defendant's recognition of the crime of this case.

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