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(영문) 대전지방법원 2016.04.29 2016고단591

주거침입등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is in the second-year course of Korea University C, and is a person who resides in the studio building like victims.

A. On November 6, 2015, around 23:28, the Defendant confirmed the outing of the victim E (n, 20 e, e, e, e, e) of the Daejeon Seo-gu Daejeon Special Metropolitan City D (Ostudio) No. 305 on November 6, 2015, and opened and intrudes a digital escape book attached to the front door using a password that had been known for the purpose of sexual satisfaction through physical contact with the victim’s clothes, and invaded the victims’ residence 14 times in total, such as the list of crimes committed in attached Form No. 28.

B. On December 5, 2015, around 15:05, at the same place of “A” (studio, 23:07) the victim F (studio, 23:307) confirmed that the victim F (studio, 23:3) was temporarily out of the house, and it was attempted without intrusion upon the victim’s residence by knowing that there was a person in the house who would open and enter the digital book attached to the studio using the password prior to being known.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, H, I, E, and J;

1. Application of Acts and subordinate statutes to a report on investigation (investigation of a suspect's female crime)

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the occupation of intrusion upon residence), Articles 322 and 319(1) (the occupation of attempted intrusion upon residence) of the Criminal Act, and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: 14 times more than 14 times of the victims' intrusion into their residence, which is favorable to the case: The victims did not cause any harm to the victims except the victims' actions such as intrusion into their residence and taking clothes from the victim's out of the country; the confession and his act are against the victim's act; and there is no criminal history.