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(영문) 대전지방법원 2018.11.29 2018고단3395

자동차수색등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 27, 2018, the Defendant: (a) discovered the EK5 cars owned by the victim D (a person) parked at the Gu cancer Study Center parking lot located at 57 a.m. 626m., according to the nature of Daejeon Seosung-gu, Daejeon, around April 27, 2018; (b) examined the inside in light of D, and thereafter, after examining the inside, the Defendant’s vehicle search and inspection conducted a look at the inside, and considered the front door and bridges, etc. through open door.

Accordingly, the defendant searched the automobile managed by the damaged person.

2. On April 28, 2018, the Defendant, following around 00:13, 200:0:13, the Defendant: (a) took a cargo vehicle parked under the window of the victim’s bath room to listen to the sound that the victim G (the age of 31) desires to take in the bath room; and (b) taken a cargo vehicle parked under the window of the victim’s bath room to steals it.

In addition, the defendant had operated the camera function of the mobile phone, and had been taken three times through open windows with approximately 30 seconds of moving the victim to the body.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

3. In the time and place specified in paragraph 2, the Defendant who intrudes upon a residence entered the victim’s residence through the gate in which the victim G takes a bath to the her body, such as paragraph 2.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police in relation to D (tentative name) and G;

1. Protocols of seizure and list of seized articles and photographs thereof;

1. Photographs, on-site photographs, and shot photographs of the victim’s bathing room taken by the victim with smartphones, on-site photographs, and satellite photographs of the place of the crime, all of which shall be marked by the victim;