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(영문) 부산지방법원 동부지원 2017.02.14 2016고단1222
폭력행위등처벌에관한법률위반(공동주거침입)등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 9, 2016, the Defendant violated the Punishment of Violences, etc. Act (joint residential intrusion) with C, and entered the entrance of the said main shop, which was corrected for drinking, even though the entrance was corrected, the Defendant was not the “F main store” operated by the victim E in Busan Shipping Daegu D around April 16, 2016.

Accordingly, the defendant invadedd the building managed by the injured party jointly with C.

2. Around April 17:14, 2016, the Defendant: (a) committed assault, such as assaulting the police officer I, who was on his son’s neck, and was on his son’s son’s neck, on his son’s son, who was on his son’s son’s son, and was on his son’s son’s son’s son, who was on his son’s son’s son’s son.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers related to the handling of reports.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Each police statement made to E and I;

1. Application of Acts and subordinate statutes to report on investigation (report on victim's I telephone call);

1. Article 136 (1) of the Criminal Act in relation to the facts constituting an offense (the point of obstructing the performance of official duties), Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act (the point of joint intrusion)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 reasons for the suspended sentence under Article 62(1) of the Criminal Act are as follows, taking into account the following circumstances, the Defendant’s age, sex, environment, motive and circumstances leading to each of the instant crimes, means and results of the instant crimes, and the circumstances before and after the instant crimes, as stated in Article 51 of the Criminal Act.

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