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Reasons
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(영문) 제주지방법원 2017.01.12 2016고단2202
건조물침입
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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 15, 2016, around 04:53, the Defendant, via open entrance, went into the DNA telecom operated by the victim C, and intruded into the above telecomvis managed by the victim by opening the guest room of the second and third floors, in a manner of viewing the unrectible door.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on investigation;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 319 of the Criminal Act applicable to the crime, Article 319 of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was sentenced to a fine of KRW 3 million on April 11, 2014, and was sentenced to a fine of KRW 100,000 for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into Public Places for Sexual Crimes) on October 8, 2015, and was sentenced to 10 months imprisonment for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into Public Places for Sexual Crimes) on the day of the crime, and committed the instant crime by intrusion into the above teleel by viewing the door of each guest room within the above teleel. In light of the criminal time and method of the crime, the Defendant committed the instant crime after discharging the Defendant from the prison on April 8, 2016, even though he/she was released from the prison on April 8, 2016.

However, in light of the fact that the defendant led to the crime of this case, the defendant was diagnosed on April 21, 2016, and was hospitalized in prison or in hospital after being diagnosed with scam, scam, and scams, and other conditions of punishment as ordered in consideration of the defendant's age, sexual behavior, environment, means and result of the crime, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case, the punishment shall be determined as ordered.

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