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(영문) 의정부지방법원 2016.07.13 2016고단1956
방실침입
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 2, 2016, around 13:00, the Defendant entered the above toilet screen in order to steals women's scams from women's toilets located on the fourth floor of the building B at Jung-si, 2016. In order to cut off the scams of women, the Defendant was going to go through the scams of the victim C (W, 20 years old) in the side side screen where the Defendant was located, and scam the Defendant's face was pushed down by the scams between the scams and the scams of the ceiling.

Accordingly, the defendant invadeds on the room possessed by the injured person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to have infringed on the toilets where the victim's body is exposed, and there is a large legal interest that has been infringed, and the defendant has committed the crime of this case on a planned basis, such as having entered in advance the female toilet column in order to steals the appearance of a woman's body, and its illegality is heavy.

However, the Defendant has no record of recognizing all of the crimes of this case, against his mistake, and there is no record of punishment exceeding the fine.

In addition, the punishment as ordered shall be determined in consideration of the defendant's age, environment, motive, means and result of the crime, and circumstances after the crime.

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