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(영문) 울산지방법원 2013.11.21 2013고단3126
폭력행위등처벌에관한법률위반(상습주거침입)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around 00:50 on August 27, 2012, the Defendant: (a) taken pictures of women using a camera, as shown in attached Table (1), from around 12 times to August 7, 2013, using a camera of Handphone, which was in possession of the Defendant, by intrusioning on the third floor rooftop of the building in the E-story where the victim’s residence is the victim’s residence; and (b) taken pictures of women by using a camera, as shown in attached Table (1), from around 00:56, to around 00:56, August 7, 2013, 2013.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

2. On August 22, 2012, the Defendant violated the Punishment of Violences, etc. Act (Habitual Intrusion) reported the victim F to have his/her home home under the influence of alcohol from 22:00 to 03:00, and opened a door at which the 4th floor building located in Ulsan-gu G located in the victim’s residence is not corrected depending on the victim’s victim’s home and entered the living room and intrudes on the female’s home from that time until August 22, 2013.

Accordingly, the defendant habitually intruded another person's residence with a view to meeting his sexual desire over 16 times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement against H, I, J, K, L, D, M, and F;

1. The existing existence of one (No. 1) from the seized mobile phone;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the following methods of crime, frequency of crime, and the fact that the same kind of crime has been committed in a planned manner;

1. Article 2(1)1 of the Punishment of Violences, etc. Act and Article 319 of the Criminal Act concerning criminal facts shall be habitually committed;

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