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.

Punishment of the crime

The defendant is living in the Nam-gu Incheon Metropolitan City B apartment C, using 7-8 entrance, and the victim D is living in the above B apartment E, using 13-14 entrance and not aware of it.

1. 특수주거침입미수 피고인은 2019. 7. 30. 21:55경 집에서 칼을 가지고 나와 위 B아파트 F동 주변을 맴돌다 위험한 물건인 부엌칼(날길이 20cm, 손잡이 12cm)을 소지한 채 피해자의 주거지인 위 E호 앞에 이르러 위 E호 출입문 손잡이를 수회 당기고, 발로 출입문을 수회 걷어차고, 출입문을 두드리며 문을 열라고 소리치고, 칼로 수회 출입문을 세게 내리치는 등 피해자의 주거지에 침입하려 하였으나 피해자가 출입문을 잠근 상태로 열어주지 아니하였다.

In this respect, the defendant carried dangerous articles and attempted to intrude the residence of the victim, but did not bring about an attempted crime.

2. The Defendant damaged the victim’s property by getting off the front door of the victim’s residence, which is a kitchen (20 cm in length, 12 cm in hand), which is a dangerous object in possession of the victim on the ground that he would return to the victim as described in Paragraph 1 at the same time and place as that stated in Paragraph 1. The Defendant damaged the victim’s property by getting off the front door of the victim’s residence, which is one hundred thousand won in repair cost.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 322, 320, and 319 (1) of the Criminal Act that choose a penalty, and Articles 369 (1) and 366 of the Criminal Act;

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

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

1. The details of the crime indicated in the reasons for sentencing Article 48(1)1 of the Criminal Act, and the defendant's mistake are divided.