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(영문) 대전지방법원서산지원 2020.08.20 2019고단1221
주거침입미수
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 becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2019. 9. 2. 22:55경 서산시 B에 있는 피해자 C의 집 앞 복도에서 부엌 창문을 통해 집 안쪽을 쳐다보고, 집 안으로 들어가기 위해 창문을 열려 하였으나 창문이 잠겨 있었고 이를 알아챈 피해자가 주먹으로 창문을 치는 바람에 미수에 그쳤다.

Accordingly, the defendant attempted to intrude the victim's residence, but attempted to do so.

Summary of Evidence

1. Each legal statement of witness C and D;

1. 112 Reporting case management table;

1. The CCTV video (the defendant asserts that the victim was harsh of the victim, but the victim did not respond thereto, and that he did not look at the victim's house and did not want to open his window on September 2, 2019. However, in light of the following circumstances known by evidence, the above argument by the defendant cannot be accepted. ① The victim appears in this court as a witness, and on September 22, 2019, he tried to open his window with the victim's house kitchen window in the victim's corridor in his corridor at around 22:5 on September 2, 2019, and he tried to open the window at the time of the victim's initial statement at intervals of the victim's house and the victim's first time before the victim's house located in the victim's window.

② The birth of the victim was present as a witness in this Court, and witnessed a person who is in the apartment of Megara at the time of insuaca after September 2, 2019, and explained him/her of the appearance to the victim.

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