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(영문) 서울동부지방법원 2020.02.07 2019고정1133

주거침입미수

Text

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

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

Reasons

Punishment of the crime

At around 04:00 on July 18, 2019, the Defendant opened a entrance and examined the out of the victim’s friendship E in front of the dwelling entrance of the victim D(37 years of age) located in Gangdong-gu Seoul Building B and C around 04:00, and in examining the out of the entrance, the Defendant was unable to open an entrance and enter the entrance into the dwelling, and the Defendant was unable to prevent the Defendant from doing so.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report on investigation;

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

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;