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(영문) 창원지방법원진주지원 2020.09.16 2020고단1453
건조물침입미수
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 became final and conclusive.

Reasons

Punishment of the crime

1. Around March 21, 2020, the Defendant: (a) found the door on March 21, 2020 to “D” operated by the Victim C (AW) in Jinju-si around 04:38; (b) tried to open a door and to intrude into the door; (c) however, the door was not set up.

Accordingly, the defendant tried to intrude another person's structure, but did not bring about such intention, but did not commit an attempted crime.

2. Around May 13, 2020, the Defendant, at around 04:21, around May 13, 2020, tried to open a door and to intrude into the door, but the door was not set up.

Accordingly, the defendant tried to intrude another person's structure, but did not bring about such intention, but did not commit an attempted crime.

3. Around May 17, 2020, the Defendant, at around 04:26 around May 17, 2020, tried to open a door and to intrude into the door, but the door was not opened and opened.

Accordingly, the defendant tried to intrude another person's structure, but did not bring about such intention, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of the Acts and subordinate statutes governing the table of 112 Reporting Cases;

1. Relevant Articles 322 and 319 (1) of the Criminal Act and the choice of punishment concerning the facts constituting an offense;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (including confession, exemption from punishment, degree of damage, etc.);

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