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(영문) 부산지방법원 2020.06.11 2020고정426

주거침입미수등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is between the victim B (the age of 26) and the man.

1. Around 22:50 on January 18, 2020, the Defendant attempted to intrude upon the victim’s house while drinking for about 57 minutes, and the Defendant failed to complete the attempted attempt because the victim did not open the door, even though the previous victim was to have a conversation about the notification by telephone, and did not respond to it, even though the victim did not respond to it, the Defendant attempted to intrude upon the victim’s house by drinking for 57 minutes.

2. 재물손괴 피고인은 위 1항 기재와 같은 일시 및 장소에서 위와 같이 피해자의 집 현관문을 주먹으로 장시간 강하게 두드려 현관문이 움푹 들어가게 하고, 현관문 안쪽에 붙어 있는 점등 센서가 떨어져 나가게 하는 등 피해금액 미상의 재물을 손괴하였다.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 322 and 319 (1) of the Criminal Act (the point of attempted intrusion upon residence), Article 366 of the Criminal Act (the point of attempted intrusion upon residence), and the choice of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;