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(영문) 수원지방법원 안산지원 2017.07.12 2017고단1380
방실침입등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant, who intrudes into a room, committed an indecent act against women entering a female toilet, committed an indecent act on February 19, 2017, and intruded into a female toilet by entering the toilet into a st floor toilet in Ansan-si, the first floor toilet of the building in Ansan-si, the members of Ansan-si around 05:50 on February 19, 2017.

2. The Defendant, in the same time and place as in the preceding paragraph, committed an indecent act by force against the victim by discovering the victim C (20) who was reported on the urine column, attaching the part of the victim’s arms to his hand, and intending to sparly commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement prepared D and E;

1. Application of Acts and subordinate statutes to the photographs of each case;

1. Relevant legal provisions concerning facts constituting an offense, Article 319 of the Criminal Act that selects a punishment (the point of intrusion upon a structure), Article 298 of the Criminal Act, and the choice of imprisonment with prison labor;

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 (see, e.g., the confession and reflect of the defendant, and the fact that the injured person does not want the punishment against the defendant by mutual consent with the victim only);

1. Where a conviction of an indecent act committed in the judgment that is subject to registration and submission of personal information under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to provide personal information to the competent agency pursuant to Article 43 of the same Act.

On the other hand, when comprehensively taking into account the nature and severity of the crime of coercion and intrusion of rooms in the judgment which caused the registration of personal information, the term of registration of personal information is shorter than that according to Article 45(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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