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(영문) 춘천지방법원 2014.02.13 2013고단1098

건조물침입등

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 12, 2013, the Defendant: (a) around 08:00, around 08:00, when there were female students, who had sexual intercourse around C Elementary School located around Chuncheon City, with a view to self-defense in front of female students, and the name of female students attending the above school cannot be known; (b) entered the front of the classroom through the entrance of the building of the above school, and intruded into the building of another person.

2. At the time and time indicated in the above Paragraph 1, the Defendant discovered D (12 years old) who was seated in a classroom around the three-story class of C Elementary School C, found brynasium and clothes, and entered the classroom with his hand in front of D, and carried out an obscene act.

3. On September 23, 2013, at around 20:18, the Defendant discovered that F (n, 39 years of age) walked on the alleyway located in Chuncheon-si, Chuncheon-si, followed F (n, grans and clothes), and carried out a self-defensing act in hand, while F (n) considered F (n).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police officer made to D and F;

1. Application of three relevant photographs and photographs to the Acts and subordinate statutes; and

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act that apply to the facts of crime, the choice of a punishment (influence of buildings, choice of imprisonment), and Article 245 of the Criminal Act (influence of public performance and obscenity,

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 (see the following reasons for sentencing)

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation are divided in depth into and against the crimes in this case, and there is no record of criminal punishment heavier than the same criminal records and suspended execution, and other factors of sentencing as shown in the arguments in this case, such as the age, character, conduct and environment of the defendant, the punishment against the defendant shall be determined, and the execution of the sentence shall be suspended, and the sentence shall be imposed as ordered.