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(영문) 인천지방법원 2019.02.14 2018고단7370
주거침입등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 18, 2018, the Defendant, at around 23:40 on August 18, 2018, was living in front of the C’s residence located in Gangnam-gu Seoul Northern District, and the victim E and the assistant F, who is the victim E and the assistant F, were to enter the gate by opening the gate and taking out the cres emitted out, and was asked from the victim E and F, even though they were informed of the removal from the gate, the Defendant was unable to avoid an disturbance for about 20 minutes.

Accordingly, the defendant invadedd the residence of the victim D and the victim E.

2. On August 18, 2018, at around 23:53, the Defendant continued to 112 reported at the place as indicated in paragraph (1) and 112, and continued to be able to shot police boxes belonging to the Seoul Gangseobuk Police Station G police boxes and police officers I to have shot away from her home, and “I will not return to her house. I will not return to her house.” When the Defendant was arrested a flagrant offender from the above police officers, she would have the police officers arrest the flagrant offender, and “I will see why I will see she will see she?” The Defendant saw the police officers to see her own stick with a view to displaying and exposing the stick.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness H and I’s each legal statement and his defense counsel did not have the intention of entering a residence, and the defendant added only to the left side, which does not constitute an act of entering a residence. As such, the defendant asserts that the crime of obstructing performance of official duties is not established since the defendant used violence against police officers to resist the illegal performance of official duties of police officers who arrested the defendant even though he is not a flagrant offender in the crime of entering a residence.

The defendant at the time of committing each of the instant crimes.

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