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(영문) 수원지방법원 평택지원 2015.11.19 2015고단965

주거침입미수

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 2, 2015, the Defendant: (a) opened the entrance door set forth in subparagraph 403 of the victim’s residence, and examined the residence, on the ground that the date and time between 06:00 on April 2, 2015 and 01:00 on the next day, and that the victim D(51: South) did not pay monthly rent, the Defendant did not enter the entrance door set forth in subparagraph 403 of the victim’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D's statement (the defendant and his defense counsel argued that the defendant did not have the commencement of the execution of the entry into a residence and the intention of entering a residence). Thus, the following circumstances acknowledged by the above evidence are that the defendant and the victim did not disclose the intention of leaving the room of this case by the date of the case, the victim did not disclose the intention of leaving the room of this case, and the defendant opened the room of this case in order to confirm whether the victim was out of the room of this case. Thus, considering the fact that the defendant seems to have taken into account the possibility that the victim would not have been out of the room of this case, it appears that the defendant was at least a dolusible intention for entering the residence, and that the defendant started the execution of the entry into the room of this case for intrusion at least once the entrance of the room of this case] is applied to the law.

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

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (one day: 50,000 won) of the Criminal Act;

1. Article 59 (1) of the Criminal Act (including the fact that there is room for consideration in the course of committing a crime and there is no criminal record exceeding the fine, etc.);