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(영문) 대전지방법원 홍성지원 2017.09.01 2017고단486
건조물침입등
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding six hundred thousand won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

[criminal record] On July 1, 2014, the Defendant was sentenced to one year and two months of imprisonment for a crime of obstructing the performance of official duties in the Hongsung Branch of the Daejeon District Court. On July 10, 2015, the Defendant completed the execution of the sentence in the Daejeon Prison.

[Criminal facts]

1. On July 17, 2017, the Defendant invadedd a structure: (a) around 22:20, on the ground that he/she would drink alcohol and request the protection of the safety of the victim C, a police official, etc., to the Danam Provincial Police Agency, which was located in the front of the 201 Danam Provincial Police Agency, and went into front of the Danam Provincial Police Agency, which was administered by the victim C, etc.

2. The Defendant violated the Punishment of Minor Offenses Act at the above date, at the above place, and at the above time and place, told C et al. of the police officer on duty, etc. working on duty, that “I have driven away from the police station in the budget,” and said C et al. al. took off off the entrance outside of the entrance, and fright the Defendant’s favor, and the said C et al. prevented the Defendant, “I Y, I am, I ampine.”

Mara, Balk, the Secretary of the Republic of Korea, with the mind;

It was difficult to avoid disturbance by stating it as "Ized with the ability to put it in."

As a result, the Defendant, while under the influence of alcohol, had a riotous or disorderly speech and behavior in a public office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. The attached photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, the current status of personal confinement, and investigation reports (Attachment report to previous convictions) by statutes;

1. Relevant Article 319 of the Criminal Act and Article 319 of the Criminal Act (1) (the point of intrusion on buildings, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation of official books, the selection of fines) concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to the crime of intrusion on structures);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is as follows.

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