(영문) 광주지방법원 2020.05.28 2020고정324

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) 광주지방법원 2020.05.28 2020고정324

주거침입미수

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 29, 2020, the defendant around 09:20, around 09:20, the defendant stated that "I have been entering the house of the victim C (the age of 53) located in the Nam-gu Gwangju building B," and "I have been conducting gas inspection" in front of the house of the gas source. However, the victim did not belong and "packs and land", and "I have been holding the head of the Tong," and "I have the head of the Tong, so I have been holding the door several times to make a door open."

As such, the Defendant attempted to intrude the above victim’s residence, but the victim did not open the door, and reported to the police and attempted to report it to the police.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Act on Report of Arrest of Suspect;

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 was committed under the unfavorable circumstances, including the criminal records of imprisonment with prison labor for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the defendant committed the crime of this case, which had been punished several times, and thus, led to the confession of the crime of this case and the violation of the mistake thereof. The victim's consent (payment of KRW 500,000 to the victim after the summary order) is made with the victim's preference, and the crime is committed under favorable circumstances, such as the fact that the defendant's age, character and behavior, environment, motive for the crime, and circumstances after the crime, etc. as shown in the argument of this case, the punishment shall be determined as ordered by taking full account of the conditions

참조조문

유사 판례

-창원지방법원진주지원 2020.09.16 2020고단1453

-수원지방법원 안양지원 2020.05.21 2020고정153

-서울북부지방법원 2016.11.11 2016고정1594

-수원지방법원 여주지원 2020.06.19 2020고정150

-수원지방법원 여주지원 2019.06.03 2018고정571