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(영문) 인천지방법원 2017.10.26 2017고단2873
주거침입등
Text

A defendant shall be punished by imprisonment for four 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 March 8, 2017, around 05:17, the Defendant infringed upon a residence by entering the victim D’s residence in the Southern-gu Incheon Metropolitan City, and, under the influence of alcohol, the Defendant opened a door by putting the knife and opened the door and intruded the victim’s residence.

2. The Defendant damaged property by entering the victim’s residential marina as above at the date, time, place, as described in paragraph 1, and destroying the victim’s property by breaking the anti-opa of an amount equivalent to KRW 30,000 at the market price at the same time, and continuously destroying the front door so that the Defendant does not operate a password by scambing the front door on several occasions, thereby damaging the victim’s property.

3. On March 8, 2017, at D’s residence around 05:40 on March 8, 2017, the Defendant: (a) saw the disturbance, such as scaming the front door as above; (b) see that “the police would go off to the scambling F of the Incheon Southern Police Station E District, which was called upon 112 after receiving a report; (c) embling F’s face; (d) embling the f’s face; and (e) scling it into the face; (e) the Defendant was arrested by the police officer as a current offender interfering with the performance of official duties from G who was dispatched with F to the current offender; and (e) embling the f’s face with the F and G face; and (e) embling the police officer’s legitimate performance of duties concerning the reporting, treatment, and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness F, G, and D;

1. Each police statement made with respect to F, G, and D;

1. Each statement of D and H;

1. Photographs of the scene of damage, victim F, and G-victim photo;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 319(1) of the Criminal Act applicable to the crime in question (the point of intrusion upon residence), Article 366 of the Criminal Act (the point of damage to property) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties);

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 Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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