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(영문) 울산지방법원 2016.10.18 2016고단2245

주거침입미수

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant resided in Ulsan Jung-gu B building 402, 2016, and was able to look at the victim C (or 22 years of age) who resides on the first floor of the building in the early 2016, by reporting the victim C (or 22 years of age) and impairing the victim's residence.

1. On February 26, 2016, around 22:00 on February 26, 2016, the Defendant tried to intrude into a room by opening a window inside the network and opening the window, but failed to bring the window out on the wind.

2. On March 11, 2016, the Defendant, at around 22:00, tried to intrude into a room by opening a window inside the impulse, after having come to the front of the window of the said victim’s room, by hand, and tried to intrude into the room. However, the Defendant failed to bring the window out on the wind with the window locked.

3. On March 25, 2016, around 22:00 on March 25, 2016, the Defendant, by hand, tried to intrude into a room by opening a window inside the impulse, but failed to bring the window out of the wind.

4. On May 3, 2016, at around 02:58, the Defendant: (a) tried to intrude into a room by opening an inner window of the shock network by hand before the window of the above victim’s room; and (b) failed to bring the window out on the wind, but failed to bring it out on an attempted attempt.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the Acts and subordinate statutes on criminal origin, report on occurrence, and investigation report;

1. Articles 322 and 319 (1) of the Criminal Act applicable to the crimes;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant wants to enter the room in which women live, but attempts to open the window by hand without using tools, etc.