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(영문) 전주지방법원 2020.02.13 2019고단2313

방실침입

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Criminal Power] On November 27, 2018, the Defendant was sentenced to imprisonment with prison labor for the crime of intrusion upon a building in the Jeonju District Court’s branch branch on November 27, 2018, and the Defendant completed the execution of the sentence in the Jung Eup prison on August 15, 2019.

【Criminal Facts】

On December 2, 2019, at around 08:36, the Defendant: (a) entered the first floor of C Hospital C in Kim Jong-si, which was named “Prohibition of Access by Related Persons”; (b) and (c) went into the entrance according to the victim D (Influence), and (d) went into the front section of the victim, and (d) went into the front section of the victim, and then, (e) went into the front section of the victim, and (e) went into the front section of the body of the victim, and (e) went into the front section of the body of the victim, and (e) went into the front section.

Accordingly, the defendant invadedd the toilet which is the room possessed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Report on internal investigation (personal information on the suspect);

1. Investigation report (the case of checking CCTVs at the scene of crime);

1. Previous records of judgment: Application of criminal history records, investigation reports (verification of repeated crimes of the same kind) and statutes;

1. Relevant Article 319 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The sentencing conditions stated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, among repeated crimes, shall be determined as ordered by taking into account the following circumstances under Article 35 of the Criminal Act:

There has been seven times of punishment for the same crime, and there is a history of committing the crime of this case again for about four months after release during the period of repeated crime due to the same crime, the fact that the defendant's act appears to have received a considerable mental impulse due to the defendant's act, the fact that the victim has failed to agree with the victim, the fact that he/she has led to a mental therapy due to a mental disorder at the level of tolerance and boundary.