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(영문) 대구지방법원 포항지원 2017.08.10 2017고단599

주거침입미수

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 18, 2017, around 02:45, the Defendant tried to intrude upon the victim’s residence by opening a scam, installed in the above scam and continuously cutting the password, and continuously cutting the scam on several occasions, but did not commit an attempted crime in front of the wind, after hearing sound, etc. that the injured person knifes his knife and emitted from the above scam, which is a residence of the victim C, located in Nam-gu, Seoul-gu, which is a residence of the victim C, for the reason that the Defendant invadeds the victim’s residence in the past.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

1. The grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include the following circumstances: (a) the Defendant’s mistake is divided; (b) the instant crime was committed in the attempted attempt; and (c) the Defendant’s age, environment, sexual conduct, motive for committing the instant crime; and (d) the conditions for sentencing specified in the pleadings of the instant case, including the circumstances after committing the instant crime, shall be determined as ordered by the sentence