(영문) 서울남부지방법원 2020.08.13 2020고단2816

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(영문) 서울남부지방법원 2020.08.13 2020고단2816

주거침입미수

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant of criminal records was sentenced to two years of imprisonment with prison labor for the crime of obstruction of performance of official duties at the Seoul Southern District Court on August 7, 2019, and the judgment became final and conclusive on August 15, 2019 and is still under probation period.

Criminal facts

Around 16:00 on February 12, 2020, the Defendant was entering into a building through a joint entrance by entering the victim C residing in Guro-gu Seoul Metropolitan Government with another resident at the time of entering the multi-household housing. On February 12, 2020, the Defendant tried to open the front door of the closed door of the door of the door of the door of the door of the door of the door of the door of the door of the door of the door of the door of the door of the gate of the underground floor D, which is his residence, by viewing the victim entering the building through a joint entrance, and attempted to open the door of the door of the door of the door of the door of the door of the building.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements;

1. 112 Notification to a department related to the report of the case;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to foreign crimes and investigation experience data inquiry and investigation reports (verification of the facts under current probation period);

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 sentence identical to the order shall be imposed in consideration of the following: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: (b) the Defendant’s depth reflects and repents the instant crime; (c) the Defendant appears to have been under the influence of alcohol at the time of committing the instant crime; and (d) the fact that, in the event that the sentence becomes final and conclusive due to the instant case, he is raising his offspring under the age of 14 as of the revocation

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