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(영문) 의정부지방법원 2020.02.28 2019고단4116
주거침입미수
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

At around 07:00 on August 10, 2019, the Defendant sought to intrude upon the victim’s residence by attempting to open the window while avoiding disturbance, but failed to bring the window out, at the house where the victim C resides in Spocheon-si B, the Defendant left his cell phone several times. The Defendant attempted to break down the door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the 112 reported case handling table and photographic Acts and subordinate statutes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, where the Defendant, for the reason of sentencing under Article 334(1) of the Provisional Payment Order, intends to find his handphones against the victim who did not open the door of debt, even though he was under the period of probation, and as such, attempted to open the door of coercion, it is clear that the victim was boomed by fear due to the instant crime.

However, some favorable circumstances are recognized, such as the fact that the Defendant led to the instant crime, which was led to the instant crime in order to find handphones in the attempted crime, the fact that the Defendant had been led to the instant crime, the fact that there was no previous crime, and the fact that the Defendant seems to have led to the instant crime by drinking, etc. In addition, considering all factors of sentencing as indicated in the instant argument, such as the Defendant’s age, character and conduct, environment, family relation, motive and consequence of the instant crime, the means and consequence of the instant crime, the circumstances after the crime, etc., the punishment shall be determined as per the order.

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