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(영문) 부산지방법원 2016.01.21 2015고단1374
공무집행방해등
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 December 11, 2014, the Defendant infringed upon his residence: (a) around 23:00, at the victim D’s house located in Busan Seo-gu C and the second floor, opened the entrance door and entered the house to the victim’s dwelling room, and intruded on the victim’s residence.

2. The Defendant, at the above date, at the above time and place, destroyed the victim’s goods by taking a bath that the said victim D returned home and was living in the living room, such as putting one chemical part of 30,000 won in the market value of the victim’s possession, which was located in the living room, on the floor, and cutting down two dried 2,000 won in a prompt 80,000 won.

3. The Defendant interfered with the performance of official duties by assaulting the police officer, such as: (a) the circumstance during which the E police box called out after receiving a report of intrusion upon residence at the above date, time, and at the above place, that F would have the Defendant arrested the Defendant as a current criminal; and (b) the f would have the f’s chest part of the F in drinking at one time, and f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f.m.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the victim or F;

1. Application of the Act and subordinate statutes to the investigation report (No. 5 times a year);

1. Relevant Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act (the point of damage to property), 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 suspension of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do148, Dec. 17, 2015>

1. An order to attend a lecture under Article 62-2 of the Criminal Act (to prevent a second offense related to drinking);

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