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(영문) 서울남부지방법원 2014.11.05 2014고단2188
주거침입등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 11, 2014, around 23:00, the Defendant entering a residence was entering the studio building where the victims D, etc. located in Gwanak-gu, Seoul Special Metropolitan City, and entered the studio, which was opened through the entrance door, and the up to the fourth floor corridor was invaded by the stairs.

2. The Defendant, at the same time and place of the obstruction of performance of official duties, carried out a bath to the above F, who was able to return home from F of police officers belonging to the Seoul Geumcheon Police Station E-gu Seoul Metropolitan Government Police Station, after receiving a report from the said stud in the above studio building, and carried out a bath to the said F, such as “Woo Woo Woo kb kb kb kb kb kb kb kbb

As a result, the defendant interfered with legitimate execution of duties of police officers on crime prevention and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on police statements made to D and F;

1. Relevant Article 319(1) and 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime (Crime of Obstruction of Performance of Official Duties) / [Crime of Obstruction of Performance of Official Duties] : Imprisonment with prison labor for 6 months to 1 year (basic area)

B. Since the sentencing guidelines for handling multiple crimes consisting of the crimes of obstruction of performance of official duties and the crimes of intrusion upon residence for which no sentencing guidelines are set, the lower limit of the recommended punishment according to the sentencing guidelines for the crimes of obstruction of official duties shall be observed.

2. In order to establish a law and order of the country where the sentence was rendered and eradicate public peace, the necessity of strict punishment for the crime of obstructing the performance of official duties in this case is great, and the defendant has already been identical.

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