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(영문) 서울중앙지방법원 2017.11.30 2017고단7267
공무집행방해등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On September 13, 2017, around 22:55, the Defendant violated the residence of the victim D (23 tax) on the fourth floor of the Jongno-gu Seoul Metropolitan Government building C, in front of the entrance door of the victim D (23 tax). On September 13, 2017, the Defendant: (a) reported that the victim and the victim’s friendly-gu 2 persons opened and entered the entrance door; and (b) followed the said door,

2. On September 14, 2017, at around 00:22, the Defendant obstructed the performance of official duties, the Defendant: (a) sent out after receiving a report of intrusion on the said D’s residence; (b) demanded the Defendant to leave the Defendant from the said D’s residence; and (c) demanded the said F to take a bath to the said F, and interfere with the said F’s legitimate performance of official duties concerning the prevention, suppression, and investigation of the crime by pushing the said F’s chest back with both hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D or F;

1. Relevant Article 319 (1) of the Criminal Act concerning the facts constituting an offense, and Article 319 of the Criminal Act concerning the choice of punishment, and Article 136 (1) of the Criminal Act;

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. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence [The defendant was found to have lost the ability to judge under the influence of alcohol at the time of the defendant

Even if the police officer's act of obstructing the performance of official duties of the police officer dispatched after entering another's residence and receiving a report, he/she shall be held responsible.

On the other hand, the defendant did not have any criminal history, was admitted to the school group as a university student, and was selected as a large ledger, and was in charge of school club executives.

In this case, the defendant was under the influence of alcohol in the process of transplant, such as the chairperson of the above club, and in this case, he clearly recognizes the meaning of his act and responsibilities and reflects his mistake in depth.

In light of the attitude of intrusion of residence, the degree of infringement of residential peace is relatively relatively.

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