beta
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 June 18, 2016, the Defendant infringed upon the residence of the victim by walking the gate on the ground that “the opening of the gate owned by the victim was against the Defendant’s family members,” which came in front of the victim C’s house located in Sung-nam-si, Manam-si, Manam-si, and that it was against the victim’s residence.
2. On June 18, 2016, the Defendant, who interfered with the performance of official duties, voluntarily avoided a disturbance, such as walking the gate on the front of the house of C as indicated in paragraph (1) around 23:12, and went on to C. However, the Defendant, upon receiving a report from the police officer E belonging to the Seongbuk-nam Police Station D police station, arrested him/her as a current offender of the crime of intrusion upon residence from the police officer E who was called up to the 112 report, she turned out the above E in his/her hand.
Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. C’s statement;
1. Application of the photographic Acts and subordinate statutes;
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 stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) is contrary to the law and there are circumstances to take into account the circumstances leading to the crime