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(영문) 수원지방법원 2020.06.04 2020고정55
주거침입미수등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who resides in Btel C, and the victim D (18 years of age) is a person who resides in the same officetel E.

1. On September 23, 2019, the Defendant committed assault, such as assaulting the victim by hand, on the ground that in the corridor of the third floor of the instant officetel, the Defendant took three times the head of the said victim’s hair knife by hand due to noise problems between the said victim’s rooms, and that the said victim prevented the victim from reporting his cell phone in order to report 112.

2. On September 23, 2019, around 23:50, the Defendant attempted to intrude upon the victim’s residence, such as: (a) 112 reporting as described in paragraph (1) 1 to the victim’s residence; and (b) 23:50 on September 23, 2019, and (c) 10 minutes thereafter, she did not come into the victim’s residence; (d) she took the front seal of the victim on several occasions; (e) she took the front seal of the victim on several occasions, and (e) took the door up by hand; and (e) arbitrarily taking the gate number installed at the entrance.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the written statement of D, on-site photographs, damaged parts photographs, CCTV-fashion photographs [the defendant partially denies the facts of crime, but considering the relationship between the defendant and the victim, atmosphere at the time of the crime and the behavior of the defendant, etc., it is sufficiently recognized that the defendant tried to assault the victim and intrude upon the residence of the victim as stated in the judgment of the court]

1. Relevant legal provisions concerning facts constituting an offense, Articles 322 and 319 (1) of the Criminal Act ( point of attempted intrusion upon residence), Article 260 (1) of the Criminal Act and the choice of fines;

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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