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(영문) 대구지방법원 서부지원 2020.02.05 2019고단2607
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

The defendant is a person who resides in the Daegu Seo-gu B apartment C.

On July 25, 2019, from around 20:20 to 20:40, the Defendant tried to open a door and intrude into the house by opening a door through means such as “I may open, open, open, and do not know, I want to do so,” and “I want to do so, I want to do so,” referring to “I want to open, open, do not know, I want to do so, I want to do so, I do not want to do so,” and opening a password of the electronic correction device of the front door several times to open a door to the front door of the victim’s house. However, the Defendant attempted to open and intrude into the front door without opening a door to the front door. However, the Defendant attempted to do so with the wind to stop the police officer from sending it to the site without leaving the door.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 322 of the Criminal Act, Articles 322 and 319 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: Determination of punishment as ordered by the Disposition, comprehensively taking into account all the circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., which are conditions for sentencing specified in the pleadings of this case, such as the fact that the nature of the crime is not good in light of the contents of the case, the victim is deemed to have satisfed a considerable fear, the victim’s failure to receive a letter from the victim, etc.;

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