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(영문) 의정부지방법원 2017.01.25 2016고단4534
건조물침입
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 29, 2016, around 17:12, the Defendant was in front of a female toilet managed by a person suffering from a name in the front of the “DP (PC) room” of the Namyang-si, Namyang-si, and 3th (hereinafter “DP”) room, and the Defendant was in front of the said female toilet with a view to melting the appearance of women in the above toilet, and was living around about 40 minutes in the above female toilet, while she was living in approximately 17:50 minutes in the above female toilet, around the same day, the Defendant invadedd the structure against the victim’s will who manages the above female toilet (e.g., 28 years of age) by cutting off from the side partitions and cutting away from the above female toilet.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Each investigation report (as for on-site visual images, on-site photographs, visual bropic photographs of a visual bropic, and verification of whether the visual bropic falls under public toilets);

1. Application of field photographs, suspect photographs, and cooperation and official documents (non-formal environment and statutes in South and South Korea);

1. Relevant Article 319 of the Criminal Act and Article 319 of the Criminal Act with respect to the facts of crime (Selection of a punishment penalty);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act has the history of having been sentenced to a sentence due to a forced indecent act against women, etc. by the defendant, thereby committing the crime of this case in order to steals women's tolerance during the repeated crime period. The nature of the crime is not good, and the responsibility for the crime is also hot.

However, the defendant recognizes all his mistake and reflects it.

The defendant, as a person with disabilities of grade 3 intellectual disability, is under the state of being hospitalized at the time of the closure of the KH hospital in the Gu Government-si G due to shock disorder, depression disorder, and depression disorder. The existing sexual assault crime was also under the state of mental and physical weakness due to such mental delay, and the mental disorder of the defendant at the time of the instant case seems to have affected the mental disorder of the defendant.

In light of the past records of the defendant and the possibility of recidivism, it is true that the defendant requires strict punishment.

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