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(영문) 수원지방법원 안산지원 2021.02.16 2020고단4918
주거침입
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On September 16, 2020, the Defendant discovered the victim B (the age of 15) who passed immediately in a park near the Yancheon-gu, Ansan-si, Ansan-si, Yansan-si, and used the Defendant's mobile phone to take a dynamic image of the victim B, and followed the victim.

On the other hand, the defendant continued to have had the victim's residence in the same Gu C and D, and had the victim's appearance of the victim entering the house through the joint entrance, and had the victim photographed his image, and infringed on the victim's residence.

2. On September 10, 2020, the Defendant discovered the victim E (the age of 22) who was fluently going through a road on the road in the Hansan-si, Annsan-si, Annsan-si, Annsan-si, and discovered the victim E (the age of 22) and used the Defendant's mobile phone to photograph the rear fluorial behavior of the victim and followed the victim.

On the other hand, the defendant continued to have his residence of the victim F or G in Ansan-si, the victim's appearance of the victim who entered the house through the joint entrance to the stairs in the house was taken, and infringed on the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and B;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs by analyzing the evidence of his/her own mobile phone and capturing dynamic images;

1. Article 319 (1) of the Criminal Act concerning the facts constituting an offense (the point of intrusion upon residence and the choice of 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was invaded by the defendant in front of the other person's house for the purpose of continuing to take back a female's back shot-s

Although the crime of this case was prosecuted only for intrusion upon residence, and was not prosecuted for the crime related to shooting, the defendant's motive to commit the crime was intended to photograph the back scarcity of women, which is similar to the defendant's previous criminal record.

(b).

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