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(영문) 서울남부지방법원 2015.10.02 2015고단2402

주거침입등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person working as a vice head in Seo-gu Incheon, and the victim D (n, 27 years of age) is a person working as a member of the above company.

1. The Defendant, who violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras, etc.) took photographs of the body body of the victim using a camera installed in the Defendant’s cell phone machine at the above C office on a dateless.

Accordingly, the defendant taken each other's body against his will that could cause sexual humiliation or shame by using a camera.

2. On May 21, 2015, around 00:37, the Defendant intrusiond the victim’s residence through the open-to-door rooftop entrance connected with the rooftop to steals the victim’s house, and then intruded the victim’s house.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Police seizure records;

1. A photograph of seized articles or CD stored in video materials;

1. Application of Acts and subordinate statutes to each investigation report (to investigate the analysis of video files stored in a cellphone and to report the confirmation of screen pictures taken by a suspect);

1. Relevant Articles of the Criminal Act and Article 319 (1) of the Criminal Act (the points of intrusion upon residence), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the points of taking photographs of cameras) and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order of the registered information under Article 48(1)1 of the Criminal Act, and the expected side effects of the defendant's age, occupation, risk of repeating a crime, method and seriousness of the crime, and disclosure order or notification order shall be achieved.