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(영문) 수원지방법원 안양지원 2020.05.21 2020고정153
주거침입미수
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who resides in the subparagraph C of the building B in Ansan-gu, Ansan-si, and the victim D (n, 29 years of age) is a person who resides in the above building E.

1. At around 02:00 on August 2, 2019, the Defendant: (a) deemed that the Defendant was living at the victim’s residence on August 2, 2019, around 02:0, around 02:0, the Defendant tried to have the Defendant’s wife under the Mayang-gu B Building E of the Mayang-gu, Annyang-si; (b) opened a door; (c) opened several doors; (d) opened the entrance in several hand several hands; and (e) sent a warning by arbitrarily dividing the number on the digital fishing village installed at the entrance of the entrance; and (e) opened the front class several times; and (e) opened the fire extinguisher and the e-head’s entrance being kept in the fourth boiler room at several times, and spread the fire extinguishing powder in front of E, but was attempted without being opened.

2. On August 2, 2019, the Defendant committed the crime around 07:30 on August 2, 2019, at around 07:30, around August 2, 2019, opened a door to the search under the above B building E and opened the door, continuously opened the front seal, opened the entrance door door, and attempted to open the entrance door, and attempted to intrude the victim’s residence, but the Defendant did so without opening the door.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A detailed statement on processing reported cases;

1. Application of statutes on site photographs;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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