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(영문) 의정부지방법원 2021.01.06 2020고단5980
주거침입미수
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 30, 2020, the Defendant, at the Government around 01:42 on September 30, 2020, came from the 7th floor corridor of the building B, which was installed in front of the entrance of the victim C, due to noise between floors, and opened the entrance door, and attempted to intrude into the residence by inputting a password into the entrance installed in the entrance of the victim C, but did not intrude into the residence due to the opening of the entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to CCTV photographs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the reason why the defendant attempted to intrude into his residence, the defendant’s act was limited to the number, the defendant’s fear that the victim was sworn by the act of the defendant, and the criminal records of the defendant, etc. shall be determined as set forth in the text.

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