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(영문) 창원지방법원 2017.06.15 2017고단922
건조물침입
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 21, 2017, around 19:50, the Defendant came in front of the first floor open toilets of the 1st floor underground of the window of Changwon-si, Changwon-si, and entered as a result of D (hereinafter referred to as 45 years old) by reporting that he was entering the said female toilet, and then reported melting in the first side column where D is not a corrective device. While attempting to open a door, D attempted to open a door, and went back to the lower part of the entrance, thereby leaving the door.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D’s legal statement (the first column of the toilet of this case);

D Application of Acts and subordinate statutes, recognizing that the Defendant, who wishes to open a door, was entering a female toilet by sound “Arhman”, and recognized that the Defendant was entering the second column of the toilet of this case, shall not be deemed as an intentional intrusion of a structure, and such act of the Defendant shall not be deemed as an act that does not go against social norms.

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Sentencing criteria;

2. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, tendency, etc. of the defendant:

A favorable condition: The defendant has no record of punishment exceeding the same kind or fine, and the defendant has a sexual purpose;

Circumstances that are disadvantageous to the fact that it is difficult to see: The defendant denies the crime.

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