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(영문) 수원지방법원 성남지원 2017.08.23 2017고단1671
건조물침입
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On May 19, 2004, the Defendant was sentenced to 13 years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc.) at the Seoul High Court, and completed the execution of the sentence at the Jinju Prison on July 18, 2016.

[2] On December 10, 2016, the Defendant, at around 11:12 on December 10, 2016, destroyed the appearance of female toilets in the five floors of Gwangju City, Gwangju, about 11:12, in order to cut away from the appearance of other women, the Defendant entered the toilet column through the entrance of the seat, followed the changeer installed in that location, and then stolen the shape of D (e.g., g., g., g., 43 years of age) that is female in the upper and lower partitions.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, and D (alias);

1. A criminal investigation report, 112 reported files, and internal photographs inside a toilet;

1. Investigation report (to have a witness H telephone conversations);

1. Investigation reports ( investigation of victims and witnesses);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of the period of repeated crimes of suspects);

1. Relevant Article 319 of the Criminal Act, the choice of punishment for the crime, Article 319 of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Prosecutor’s opinion - Two years of imprisonment;

2. Determination - The crime of this case committed for one year is highly necessary to punish the Defendant in light of the Defendant’s power and motive for committing the crime. The crime of this case committed by the Defendant committed sexual assault in 2003 by intrusion into a female toilet while attaching an electronic tracking device during the period of repeated crime, thereby stealing the appearance of another female.

In addition, the defendant did not receive a victim's letter, denied all of the crimes at an investigative agency, and made his mobile phone initial at the scheduled date of the attendance of the police.

However, the fact that the defendant seems to reflect now, and the age, sex, environment, motive, means and result of the crime of the defendant.

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