logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.03.31 2017고단846
주거침입등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 10, 2017, at around 11:45, the Defendant infringed upon a residence of the victim C, which was located in Bupyeong-gu Incheon, Bupyeong-gu B building 1004-1, the Defendant opened the above gate and intruded the victim’s residence by using the password, which was known to the victim and the victim, before that time.

2. On January 10, 2017, around 11:55, the Defendant obstructed the performance of official duties, at the place indicated in the foregoing paragraph 1.5, and at the 112 report of the above Section C, “I do not enter drinking by male-gu”, the Defendant assaulted the said patrolman E with the floor of the police officer affiliated with the Incheon Samsan Police Station DNA, E, and the hand-on recipient from the Inspector F, on one occasion, of the instant patrolman’s left son’s hand, and assaulted the said patrolman E with his hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. 112 A list of reported cases;

1. Application of statutes on field photographs and CCTV photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order, has been served four times as a crime related to violence (4 times as a penalty) during the period from August 2015 to June 2016.

A person who has already been placed on several occasions has committed a crime related to sub-crime, such as assaulting a police officer to perform official duties even though he/she had already been placed on board, and thus, is punished by imprisonment

However, in relation to the crime of intrusion on residence, it shall be decided by considering the agreement with the victim, the fact that there has been no previous conviction exceeding the fine so far, the fact that one's mistake is recognized, and all the sentencing conditions revealed in this case.

arrow