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(영문) 광주지방법원 2019.10.08 2019고단3032
주거침입미수
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 26, 2019, at around 03:45, the Defendant came to the Seo-gu, Seo-gu, Seo-gu, Gwangju, and tried to open the shock net in which the victim C (the 29-year-old age) resides and to intrude into the victim's residence. However, the Defendant tried to have the shock net in which the victim C (the 29-year-old age-) was able to open the shock net in his hand and to intrude into the victim's residence. However, the Defendant was unable to bring the victim's sound, resulting in the Defendant's failure to bring the

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to field photographs and CCTV photographs around damaged places;

1. Relevant provisions of the Criminal Act and Articles 322 and 319 (1) of the Criminal Act concerning the choice of punishment;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed by the defendant at night in view of the fact that the defendant attempted to intrude through the window of the studio in which the victim who is a neighbor is living alone, and the nature of the crime is not good. Accordingly, the victim has a considerable mental shock, and the victim has not yet received a letter from the victim, etc., the punishment corresponding thereto should be imposed on the defendant.

However, in consideration of the fact that the defendant's mistake and reflects in depth, the fact that the defendant seems to have reached the crime of this case by contingency while under the influence of alcohol, and that it has no record of crime so far, the punishment like the order shall be determined.

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