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(영문) 서울중앙지방법원 2015.10.26 2015고단5810
주거침입등
Text

A defendant shall be punished by imprisonment for six months.

However, 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. Around 07:00 on September 13, 2015, the Defendant entering a residence intrusion: (a) around 07:00, the Defendant and the Defendant had been living in a multi-household C Multi-household 1, Dongjak-gu Seoul Metropolitan Government, and opened a door door and opened a door door with which the Defendant and the Defendant had been living in the victim D; and (b) infringed upon the victim’s residence from November 3, 2014 to the said temporary date, such as the list of crimes in the attached Form.

2. On September 13, 2015, the Defendant: (a) destroyed and damaged, by means of taking a fluoral disease, etc. at the victim’s residence; (b) around 14:00, the sum of market prices of KRW 100,000,000, such as one fluoral flag, one fireworks, one glass bottle, and one glass cup, all of which were owned by the victim.

3. On September 13, 2015, the Defendant committed assault, such as: (a) around September 17:35, 2015, at the residence of Dongjak-gu Seoul Metropolitan Government Branch D, and (b) at the residence of Dongjak-gu Seoul Metropolitan Government Branch D, “the Defendant is not entering the house,” and (c) the security F of the Seoul Dongjak Police Station E-gu Seoul Police Station, who called to the site after receiving the report of D’s 112, attempted to arrest the Defendant as a flagrant offender due to the suspicion of intrusion upon his/her residence; (d) the F was flicked once with his/her son’s hand, and f was flick with his/her son’s hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report on site visit, on-site photographs, photographs of victims, investigation reports (in cases of reporting 112 accompanied by details of handling reported cases), list of reported cases 112, and records of investigation reports (in cases of hearing statements of victims);

1. Articles 319 (1), 366, and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Suspension of execution under Article 62(1) of the Criminal Act (hereinafter “Suspension of execution”)

1. Probation Act;

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