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(영문) 춘천지방법원 2018.04.18 2018고단86
주거침입등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On January 1, 2018, the Defendant infringed upon the victim’s residence by opening a back door of the victim’s residence and entering the house to the house of the victim, after entering the victim’s residence, with the fence and fence installed around the victim’s residence in Hongcheon-gun, Hongcheon-gun, Seoul.

2. The Defendant obstructed the performance of official duties at around 03:40 on January 1, 2018, who was reported to 112 at the places indicated in paragraph (1) and controlled 112 by the Hongcheon Police Station E District Assistant F of the Hongcheon Police Station so that he/she could not take a bath to the 112 reporter, and assault him/her at the time of drinking and bucking of the above F, his/her chest and ship, and left bucks on the left side.

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of a police officer 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report internal history, on-site photographs, work log in E earth zone, and photographs of damaged parts;

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

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act is an element of sentencing unfavorable to the defendant, such as: (a) the defendant intrudes the victim's residence beyond the fence and fence; (b) after his residence intrusion was discovered, a person with a right to residence was imprisoned; and (c) the police who has been removed from the crime was able to take care of and walk out to the police; and (d) the nature of the crime is bad; and (c) the damaged police is deemed to have suffered damage, such as a holeing on the bridge (Provided, That the medical certificate was not submitted; and was not prosecuted due to the crime of injury); and (d) the fact that there was no agreement with the victimized police.

However, the defendant each of the instant cases.

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