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(영문) 춘천지방법원 속초지원 2018.06.11 2017고단399
주거침입등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 4, 2009, the Defendant was issued a summary order of KRW 1 million as a result of obstructing the execution of official duties in the Gangseo branch court of the Chuncheon District Court on November 4, 2009.

1. From May 24, 2016 to around 08:35 the following day, the Defendant infringed upon the victim’s residence by means of a studio, which was set up in front of the entrance, under the influence of alcohol, at the studio of “D” owned by the victim C, which was located at the early stage of the entrance.

2. On May 25, 2016, at around 08:35, the Defendant: (a) reported that the Defendant intruded on his residence at the place specified in the preceding port; and (b) demanded the Defendant to leave from the Defendant, the police officer affiliated with the Seocho Police Station E District Unit of the Seocho Police Station, which was called to the site; and (c) on the ground that the Defendant was able to debris himself who was under the influence of alcohol and was debrising, the Defendant committed an assault by the Defendant, i.e., covering the Defendant’s chest f’s chest with the Defendant’s hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of police officers to the field, public safety and maintenance of order.

3. In around 08:35 on May 25, 2016, the Defendant publicly insultingd the victim F of the victim’s click at the places indicated in the foregoing paragraph 1, where there is C, etc., by publicly insulting the victim by stating that “The flick flick flick flick flick flick flick flick flick flick flick fl.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police preparation with respect to F;

1. A written statement to be prepared;

1. Application of statutes on site 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), Article 311 of the Criminal Act, and the selection of fines for a 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes the criminal defendant, and the defendant was locked by intrusion upon another person’s residence.

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