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(영문) 대전지방법원 천안지원 2017.08.31 2017고정363

주거침입미수

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 02:30 on August 20, 2016, the Defendant observed the Victim E (Woo 24 years of age) returning home at the former D Studio parking lot in the Chang-gu, Seoul Special Metropolitan City, and tried to take a gas pipeline by hand, going through a car parked for the purpose of carrying inside the residence with the victim, and to open a window on the above studio 203 rail, the residence of the victim, but the victim who observed the witness, escaped from the studio of the studio.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements (E);

1. Each photograph;

1. Report on the results of field identification, the response to the results of fingerprint appraisal at the scene of the crime, the appraisal report, and the record of subscription to employment insurance;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Articles 322 and 319 (1) of the Criminal Act concerning facts constituting a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) background of the instant crime; (b) method of the commission of the crime; (c) risk of suffering of the victim; (d) the process of detection of the Defendant’s person; and (e) the primary crime without criminal record; and (c) family relationship