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(영문) 부산지방법원 2018.03.21 2017고단5690
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 became final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 5690]

1. On October 26, 2017, around 19:30, the Defendant: (a) sought a victim who returned home in front of the victim D’s house 2/811 and the victim D’s house 2/811; (b) demanded the victim to open a door; (c) 112 arrives at the site; and (d) the victim opened the front door and opened the front door to the victim’s house; and (c) entered the front door to the victim’s house through the front door to the victim’s house.

Accordingly, the defendant invadedd the victim's residence.

2. Around 20:08 on the same day, the Defendant: (a) obstructed the performance of official duties by a police officer F, who intrudes the Victim F into the Victim’s house; (b) obstructed the Victim’s house; (c) obstructed the Victim F from outside the Victim’s house; and (d) abused the Victim F’s upper right side of the G with her head, boomed the Victim F’s upper part of the upper right side; and (d) obstructed the her chest by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

[2017 Highest 6140] On November 27, 2017, the Defendant: (a) opened a brush door in the victim H’s residence located in Sistitu City on November 27, 2017; and (b) infringed upon the living room in the said residence.

Summary of Evidence

1. The defendant's legal statement [2017 Highest 5690];

1. Statement made by the police with regard to F;

1. A written statement of D (2017 Height 6140);

1. Application of H’s written Acts and subordinate statutes;

1. Articles 319(1) and 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 for each 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. Determination of the sentence like the order shall be made in consideration of all the conditions of sentencing, including the fact that the sentencing is against the reason for the suspended sentence under Article 62(1) of the Criminal Act, the first offender, and the degree of interference with official duties, etc.

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