beta
(영문) 대구지방법원 2017.07.14 2017고단1314

주거침입미수

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From January 2010, the Defendant came to know from the victim C (math, 36 years of age) and 3 years of age that the victim was a woman with her husband, and that the victim was a woman with her husband, and that the victim belonged to himself/herself.

I think, I think, and thought that I had a great character.

On February 3, 2017, around 13:50 on February 13, 2017, the Defendant tried to intrude into a house after a locking door, such as 106 Dong-gu Da apartment house 106 716 dong 716, the victim was not informed of the fact that he was a woman at the time of the past teaching system, opening a door to resisting that he was not constantly present, and divided the first race. However, as the victim did not open the front door, he did not open the front door, the Defendant attempted to intrude the front door by drinking the door, cutting the door door, cutting the door door door, putting the password of the locking system, but did not go through the opening of the locking system.

Summary of Evidence

1. Statement by the defendant on the second public trial date;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made to C by the police in the protocol; and

1. Application of the Acts and subordinate statutes stated in a criminal investigation report;

1. Relevant Article of the Criminal Act and Articles 322 and 319 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. The defendant, for reasons of sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation, tried to find out the victim's residence by an unsound method and find the victim's place in a forced way, but did not seem to be contrary to the crime of this case. In light of the attitude in the course of investigation or the enemy's awareness about the victim, a sentence heavier than the fine shall be imposed on the defendant.

However, the crime of this case is committed in an attempted attempt, and the defendant is the defendant.