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(영문) 대구지방법원 안동지원 2015.04.24 2015고정55

주거침입미수

Text

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

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

On September 19, 2014, at around 02:13, the Defendant: (a) stolen the means that the victim C (at the age of 21) et al. was located on the alleyway of a house located in Ansan-si B; (b) stolen the means to open the above building window; (c) attempted to open the window again; and (d) attempted to open the window again, but did not intrude upon the residence of the female after the visit and windows were corrected.

Accordingly, the defendant attempted to intrude the victim's residence, and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reporting on the arrest of a case;

1. Application of Acts and subordinate statutes to report internal history;

1. Relevant provisions of the Criminal Act and Articles 322 and 319 (1) of the Criminal Act concerning the choice of punishment;

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

1. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order, the criminal defendant committed the instant crime during the period of suspended execution, etc., the same sentence as the order was determined.