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(영문) 의정부지방법원 고양지원 2019.02.22 2019고단53
주거침입등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On September 16, 2018, at around 01:45, the Defendant entered the residence of the former female-friendly Gu victim D, which was located in Michuhol-gu Incheon, Michuhol-gu, Incheon, a building C, and opened a door and intrudes on the residence of the victim, who was aware of the password in advance without obtaining any consent from the victim who was the Hague and did not receive any contact.

Accordingly, the defendant invadedd the victim's residence.

2. Performance of official duties;

A. On September 16, 2018, the Defendant committed the crime at around 02:00 on September 16, 2018, at around 02:0, and around 112 on September 16, 2018, after receiving a report that the former male and female family does not enter the house without permission, and was sent by the police officer of the Incheon Michuhol Police Station E box affiliated with the Incheon Michuhol Police Station E box, and was urged by the police officer to return to the Republic of Korea. However, the Defendant assaulted the Defendant, such as threatening the Defendant by threateninging the Defendant to “this sprinke and cut back,” and by threatening the Defendant’s chest by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reports and maintenance of order.

B. On September 16, 2018, around 04:40 on September 16, 2018, the Defendant assaulted the Defendant at around 04:40 on September 16, 2018, in the Incheon Michuhol-gu Incheon Michuhol Police Station criminal watch room located in 290-ro 32, Michuhol-gu Incheon, Incheon, on the ground of obstruction of performance of official duties, etc., and was arrested and detained, the Defendant was arrested on the part of the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. G statements;

1. Application of Acts and subordinate statutes, such as photographs at the time of damage;

1. Relevant Article 136(1) of the Criminal Act, Article 319(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62(1) of the Criminal Act

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