logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.06.21 2016고단7054
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 11, 2016, the Defendant infringed upon a residence by entering the victim’s residence through the entrance door on the side of the living room opened at the victim E, which was located on the second floor of the Suwon-si, Suwon-si, Suwon-si, Da, and came into the living room, and invaded upon the victim’s residence.

2. The Defendant interfered with the performance of official duties, on the grounds of the fact that he intruded upon the residence, such as the preceding paragraph, at the same time and at the same place as in the preceding paragraph, committed assault, such as assaulting the faces of G on the hand floor, by taking advantage of the circumstances where the police box belonging to the Suwon Western Police Station, which was called out after receiving a report of the said E 112, solicits him to invalid.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. The witness H and G respective legal statements;

1. Application of the statutes governing damaged photographs and video CDs;

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

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (The following sentencing is favorable) of the Criminal Act / [the scope of the recommendation] - The basic area (from June to April) of the Act on the Obstruction of the Execution of Official Duties (Interference with the Execution of Official Duties) - The measure of intrusion into residence and multiple crimes committed without the sentencing guidelines: the lowest limit (six months) - there is no special person subject to sentencing] [the decision of sentencing] - the police officer who conducts official duties and assaults the police officer who performs official duties and does not have good quality of the crime; the crime was not agreed with the victim of intrusion into residence; the defendant did not have any record of punishment for the same kind of crime; the defendant did not have any depth divided, taking into account the favorable circumstances.

arrow