beta
(영문) 대전지방법원 2017.01.17 2016고단3540

건조물침입

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, entering a female toilet, concealed in the toilet partitions or hidden in the warehouse, led many and unspecified women to see the form of urine, or to listen to the sound.

1. On December 16, 2015, at around 18:00, the Defendant committed an act of self-defashing and self-defashing the sounds, which are viewed as E (n, 35 years old) in the first column of female toilets, in order to engage in self-defacing, many unspecified women, and to engage in a self-defacing act.

Accordingly, the defendant intruded on the building managed by others.

2. On December 22, 2015, the Defendant, around 13:50 on December 22, 2015, 2015, was in the second-story female toilets of Daejeon Daejeon Tae-gu Daejeon Building F, and was living in the interior partitions of women’s toilets to commit self-defense. In order to engage in self-defense, the Defendant escaped with G (54 years old).

At around 18:00 on the same day, the Defendant continued to enter the fourth female toilet of the F building, and continued to enter the same purpose.

Accordingly, the defendant intruded on the building managed by others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement of E and H;

1. Application of two Acts and subordinate statutes to report internal investigation (on-site conditions and CCTV verification), each on-site photograph, I-type square, and inside CCTV;

1. Relevant Article 319 of the Criminal Act, the choice of punishment for the crime, Article 319 of the Criminal Act, and the choice of imprisonment;

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. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are against the defendant, there is an intellectual obstacle to the defendant, the fact that the defendant has no criminal records of punishment exceeding the fine, and other various sentencing conditions, such as the age, sex, environment, etc. of the defendant, shall be comprehensively considered in determining the punishment as ordered.

It is so decided as per Disposition for the above reasons.