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(영문) 수원지방법원 2014.10.22 2014고단3601
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. 주거침입 피고인은 2014. 6. 13. 01:10경 수원시 권선구 B 301호에 있는 피해자 C(여, 18세)의 주거지에 이르러 문을 두드리며 ‘씹할, 돈 내 놔! 여기 내 집이야’라며 큰소리로 욕설을 하였고, 이에 피해자가 출입문을 열자 위 출입문을 통해 위 주거지의 안방까지 들어가 피해자의 주거에 침입하였다.

2. On June 13, 2014, at around 01:30 on the same place as indicated in paragraph (1) and for the foregoing reason, the Defendant: (a) confirmed the contents of the report and demanded the head of the Suwon Police Station D District Rabb Park, which was dispatched to the site after receiving a 112 report; and (b) expressed the victim’s demand to leave the site in his/her residence; (c) expressed the victim’s “wek kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and E;

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

1. Relevant Articles of the Criminal Act and the points of obstructing the performance of official duties by selecting a punishment: Article 136 (1) of the Criminal Act: Article 319 (1) of the Criminal Act;

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

1. Taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act is against the Defendant; (b) the primary offender; and (c) the fact that the Defendant appears to have committed the instant crime by drinking and contingently.

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