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(영문) 수원지방법원 2017.06.13 2017고단415
건조물침입등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On October 17, 2016, at around 19:20, the Defendant, at around 19:20, intruded into a female toilet of the 1st floor of the building in Osan-si, Osan-si, in order to take the image of women’s melting the image, and then, the Defendant, using mobile phone camera functions, taken the image of the victim F (F, 24 years of age, Ga name).

In addition, the Defendant intruded into female toilets 16 times from October 14, 2016 to November 16, 2016, as indicated in the list of crimes attached hereto, and taken a 16 victim’s screen picture.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Investigation report (Attachment of a photograph by photographing a video screen), photograph;

1. Application of the Acts and subordinate statutes to victims, field photographs and photographs;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (a point of intrusion on buildings, choice of punishment by imprisonment), and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using cameras, etc. and selection of punishment by 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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds of sentencing as follows);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The sentencing of Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Compensation Order takes into account the following factors: (a) the number of offenses in the instant case; (b) the content and frequency of the offense; (c) the victim’s intent to punish the victim; (d) the Defendant has consistently been under counseling treatment; and (e) the Defendant has consistently been receiving counseling treatment and is going to overcome his psychological issues in the future; and (e) the primary offender who has no record of criminal punishment is a primary offender; and (e) the Defendant’s age, sexual behavior, environment, family relationship, circumstances after the commission of the offense. In full view of all the records, the following factors are considered.

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