(영문) 서울남부지방법원 2017.06.22 2017고단458

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(영문) 서울남부지방법원 2017.06.22 2017고단458

특수주거침입미수

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant tried to intrude into the victim’s house in order to capture the victim’s house from the victim’s b (n, 34 years of age) with the victim’s bridge, and attempted to intrude into the victim’s residence through the window, on December 10, 2016, at around 01:40, the studio building where the victim in Pyeongtaek-si C resides. On December 10, 2016, the Defendant was in possession of a deadly weapons ( approximately 21cm in length, about 10cm in length, about 10cm in length), and went into an air conditioner cable, using a deadly weapon, which is a dangerous weapon in advance. However, the Defendant attempted to intrude into the victim’s residence by using the window, but did not have any device to correct the windows.

Accordingly, the defendant had a deadly weapon and failed to commit an attempted crime, even though he attempted to intrude the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Protocols of seizure, list of seizure, and evidence and photographs;

1. Application of Acts and subordinate statutes on site photographs;

1. Articles 322, 320, and 319 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act was determined by comprehensively taking into account the following factors: (a) the Defendant did not have been subject to punishment as his previous forces; (b) the victim and the victim agreed smoothly; (c) the fact that the Defendant appears to have committed contingent crimes under the influence of alcohol; (d) the confession and reflection of the crime; (c) the Defendant’s age, sexual conduct; (d) the circumstances after the crime; and (e) various conditions of sentencing as indicated in the theory

It is so decided as per Disposition for the above reasons.

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