2021 Highest 594 Residence Attempted, Intimidation

A, 194 Life, South and North Korean Driver;

Residence

Reference domicile

In case of a personal post, dye and dye;

Attorney Yang Ho-tae (Korean)

April 16, 2021

A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

【Criminal Power】

On September 25, 2020, the Defendant was sentenced to six months of imprisonment with prison labor due to the crime of injury at the Busan District Court on September 25, 202, and completed the execution of the sentence at the port prison on January 4, 2021.

【Criminal Facts】

1. Attempts to enter residence;

The Defendant is a person who resides in B apartment C in Yangsan-si, and the victim D is a person who resides in E, the upper floor of the above apartment. The Defendant did not have good appraisal on the residents of the upper floor due to noise between the floor and the upper floor generated from the upper floor.

At around 22:00 on February 14, 2021, the Defendant, at the home of the Defendant, her spouse and her friendship together with her knife with his knife, her knife with his knife, and her knife knifeed the Defendant’s knife on the upper floor, followed the Defendant’s knife with his knife with his knife with his knife. In addition, the Defendant tried to have his knife his knife with his knife without having knife his knife his knife with his knife with his knife with his knife at the victim’s house. The Defendant tried to have his knife his knife with his knife with his knife with his knife, but failed to do so

2. Intimidation;

The Defendant, at the same time and place as set forth in paragraph (1) of this Article, tried to see the attitude that the Defendant would inflict an injury on the above victim, including, at the same time and place as set forth in paragraph (1), he saw that he would be able to walk the front door and walk the front door as “the front door and the front door.” The Defendant, in a state where he gets off the pursuant pursuant to the above circumstances, was able to walk the front door in a hand and walk the front door in a hand.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 322 and 319(1) of the Criminal Act (the attempted personal intrusion), Article 283(1) of the Criminal Act (the point of intimidation), the choice of imprisonment for each sentence of imprisonment.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

1. Scope of applicable sentences under law: One month to nine years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A primary crime;

[Determination of Punishment] 04. Intimidations [Type 1] General Intimidation

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment from 2 months to 1 years

(b) Second offense: The fact that the sentencing criteria are not set;

(c) Scope of recommending punishment based on the standards for handling multiple crimes: At least two months of imprisonment (limited to the lowest limit of the recommended sentencing range for crimes for which the sentencing criteria are set, since crimes for which the sentencing criteria are set and crimes for which no sentencing criteria are set are concurrent crimes in the former part of Article 37 of the Criminal

3. Determination of sentence;

As a repeated crime during the period of repeated crime, the crime of this case was committed before two months have passed after the release from prison, the crime of this case was committed several times, such as assault and injury, etc., and the victim's family peace and body was damaged due to the crime of this case, and the victim's age, character and behavior, Defendant's environment and environment, victim's behavior, intelligence, motive and consequence of the crime of this case, etc. after the crime of this case were committed, and the crime of this case was committed in consideration of all the circumstances, such as punishment, etc. of the crime of this case.

Judges Kim Jong-chul