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(영문) 인천지방법원 2018.04.18 2018고단276
주거침입등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. On September 24, 2017, the Defendant was found to have reported to the Defendant’s husband 112 by the victim C residing in Yeonsu-gu Incheon, Yeonsu-gu, Incheon on Sep. 24, 2017, at around 01:10, the Defendant was found to have reported to the Defendant’s husband 112. In order to resist this, the Defendant was found to have found in front of 301, in which the victim resided through the above Bara

whether the declaration was made;

죽여 버리겠다 ’라고 소리를 지르면서 출입문을 발로 수회 걷어찼다.

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant, at the date and time, at the place specified in paragraph 1 at the place, was carrying out official duties, and at the request of the police officer affiliated with the Incheon Yeonsu Police Station D police box sent to the scene after receiving 112 reports, and was in the Party’s own hand, who was asked to go out of the Party.

The above E's left hand, etc. have been marked twice with a pen.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment) concerning the crime;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of interfering with the execution of heavier public duties);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [Scope of the recommended punishment] that there is no basic area (six months to one year and six months) (the scope of the revised punishment) (the person subject to special sentencing] in the basic area (six months to one year and six months) within the scope of the official duties [the scope of the revised punishment]] for not less than six months (the scope of the corrected punishment shall comply with the lower limit of the scope of the punishment for the crime subject to which the sentencing criteria are not applicable, and the crime subject to

2. The fact that the decision-making defendant was suffering from depression, resulting in the crime, and C of the victim of intrusion upon residence, is the defendant.

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