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(영문) 서울남부지방법원 2016.05.13 2016고단639
건조물침입
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On August 12, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor due to forced indecent acts, etc. by the Seoul High Court, and on August 16, 2015, the Seoul Southern Branch completed the enforcement of the sentence and three times of the same criminal records.

[2] On August 23, 2015, around 02:20 on August 23, 2015, the Defendant: (a) entered a toilet used for the said main customer for the purpose of stealing the appearance of the female, and then stolen the faces below the face of the toilet screen and then stolen the appearance of the toilet E (the age of 24).

As such, the Defendant intruded on a structure that he manages against the intent of the above main toilet manager.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Previous convictions: Application of the results of inquiry and investigation reports (verification of repeated crimes) Acts and subordinate statutes;

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. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant was sentenced to a suspended sentence of eight months on October 29, 2008 due to forced indecent acts committed on October 29, 2008, and was sentenced to ten months of imprisonment on August 12, 2015 and committed the instant crime only after the enforcement of the sentence was completed on August 16, 2015. In addition to the record of the instant crime, the Defendant was sentenced to the non-prosecution decision or dismissal decision that was rejected due to the victim’s complaint while being investigated or tried as a crime of indecent act, and was sentenced to a fine by intrusion on toilets to steals the appearance of women’s tolerance as the same as the instant crime.

In addition, according to the statement of E, the defendant invadeds on the toilets as stated in the facts constituting the crime in the judgment, which was discovered to him, and returned to him and returned to him, and the defendant's act is repeated.

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