(영문) 서울북부지방법원 2021.01.15 2019고단5600

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2021.01.15 2019고단5600

주거침입미수

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2019, around 19:30 on July 11, 2019, the Defendant: (a) entered four pages in front of the house of the victim D located in Gangnam-gu Seoul, Seoul; and (b) opened a entrance, and (c) discovered the victim in front of the house of the victim D, and fleded.

Accordingly, the defendant attempted to intrude the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Application of Acts and subordinate statutes to each investigation report (in relation to drinking water and correspondence which has been placed in front of the victim's home door, attachment of photographs of the victim and the victim's home door) shall be applicable;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Determination on the assertion between the defendant and his/her defense counsel under Article 62-2 of the Criminal Act for the observation of protection and observation

1. At the time of the assertion, the defendant takes out the land using a gas charge paper while sending mail to the present building;

Since the land has been kept up with the stairs, the number of floors has been set up to E, which is the victim's residence, and the land has been set up continuously in front of the victim's residence, and the land has been divided into a laver and a laver and a laver has been opened.

The intention of intrusion upon residence is denied.

2. However, in light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant's intent of intrusion can be sufficiently recognized. Thus, the defendant's and the defense counsel's assertion is not accepted.

A. The identification number of the defendant and the victim's residential escape is equal to F, G, H, and I, but the actual password is different from other numbers, the order of which is different.

참조조문

유사 판례

-수원지방법원 성남지원 2018.10.17 2018고단1553

-대구지방법원 김천지원 2018.03.06 2017고단1925

-서울북부지방법원 2018.07.05 2018고정126

-수원지방법원 평택지원 2017.06.15 2016고정585

-서울북부지방법원 2021.02.04 2020고단2622