건조물침입미수등
A defendant shall be punished by imprisonment with prison labor for up to six months.
Punishment of the crime
The Defendant came to be the victim B (ma, 60 years of age) and the deceased on December 2019.
1. On February 23, 2020, at around 03:25, the Defendant attempted to intrude into the above main points of the victim’s operation in Gangnam-gu Seoul, Gangnam-gu, the Defendant opened the door, and walking the entrance door of the said main points several times, opened the entrance door and the window on drinking, opened the entrance door on several occasions, and intruded the said main points. However, the said door was not carried out and attempted.
2. The Defendant threatened the victim, at the time and place of the entry in paragraph 1, with the bath theory, such as “The victim, who was in the main place above, died of the person in question, open a door, and died of the person in question.” The Defendant threatened the victim, who was in the main place above, with the murder of the person in question.”
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
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 entry into a structure), Article 283 (1) of the Criminal Act (the point of intimidation) of the Criminal Act, and the choice of imprisonment, respectively;
1. In light of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, it seems that mental harm caused by the victim would not be less severe. The Defendant appears to have continued similar acts with the victim on the ground that the Defendant agreed with the victim in relation to the victim’s obstruction of business by means similar to that of the victim in around 2018, prior to the instant crime, on the ground that he/she agreed with the victim, around around around around 2018, he/she had reached an agreement with the victim, and thus, he/she does not agree with the victim; the Defendant appears not to have reached an agreement; the Defendant led to the confession of and reflect against the crime; the Defendant had the history of having been punished by violence before and after the crime;