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(영문) 전주지방법원 군산지원 2020.01.22 2019고단1283

주거침입미수등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 24, 2019, the Defendant was sentenced to imprisonment with prison labor for one year for violation of the Punishment of Violences, etc. Act (joint confinement) in the Jeonju District Court’s Military mountain support on October 24, 201, and the judgment became final and conclusive on November 1, 2019.

1. On September 30, 2019, the Defendant attempted to intrude upon the victim’s residence, on the ground that no contact was made with the victim at the victim D’s dwelling in the YY-si B Studio C around 3:56 on September 30, 2019, on several occasions, the Defendant attempted to open the victim’s dwelling entrance throughout several times, who was not in contact with the victim before this framework, and attempted to intrude the victim’s dwelling. However, the Defendant failed to open the entrance due to the opening of the entrance.

2. The Defendant damaged property at the time and place specified in paragraph 1, and damaged the victim’s property by cutting the entrance door of the victim’s residence, cutting it up, etc., and then destroying the victim’s property so that the city’s aesthetic repair cost can be seen.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Report on internal investigation (on-site situations, etc.) and details of handling reported cases;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), investigation reports (verification of the fact that a suspect is pending in the trial - indictments for the previous trial), and application of Acts and subordinate statutes significantly true to this court;

1. Relevant legal provisions concerning criminal facts and Articles 322, 319 (1) of the Criminal Act, and Article 366 of the Criminal Act, the choice of punishment (the selection of fines, the point of causing damage and damage), Article 366 of the Criminal Act [the selection of fines by taking into account equity in the case where a judgment has become final and conclusive, equity in the case where a judgment has become final and conclusive, and equity in the case where a judgment has become final and conclusive, and the defendant's age, character and conduct, etc.);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

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;