On May 18, 2016, at around 17:15, the Defendant went in front of the studio building where the victim I living in Gangnam-gu Seoul Metropolitan Government H, and entered the wall of the above building in order to steals female voices in the above studio building, and subsequently, entered the passage between the above building and the right wall to the above building to bring about the window 1 of the victim’s dwelling, thereby impairing the peace of the victim’s dwelling.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List Nos. 2);

1. In full view of the factors indicated in the trial process of the instant case, such as the Defendant’s age, character and conduct, family relationship, home environment, motive and means of crime, and circumstances after committing the crime, the pertinent Article of the Criminal Act, Article 319(1) of the Criminal Act regarding criminal facts, the reasons for sentencing choice of imprisonment, and the following circumstances:

Unfavorable circumstances: The former has been punished twice for the same crime.

On December 17, 2014, among the periods of suspension of execution for the same crime, the Busan District Court sentenced 2 years of suspension of execution to 4 months of imprisonment for the crime of intrusion on a structure, and the judgment was finalized on the 25th of the same month.

Even though he did not go to the crime of this case, he did not go to the crime of this case.

The favorable circumstances: There is no record of punishment of imprisonment without prison labor or more at the time of the crime of this case.

On August 26, 2016, the Seoul Central District Court has been sentenced to six months of imprisonment for the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (sexually Purpose and Public Place Intrusion) in the same kind of case pending in the appellate trial and is still pending in the appellate trial

It is necessary to consider equity in the case of being adjudicated simultaneously with the case of being adjudicated.