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(영문) 춘천지방법원 영월지원 2017.08.08 2017고단226
방실침입등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On February 26, 2017, the Defendant intruded into a room by visiting a cell phone with the mind that he/she would have taken a photograph of the body of the victim by discovering the victim D (many, name) who was divingd in a room for employees’ rest in the room, at around 22:55, and by visiting a cell phone with the mind that he/she would take a photograph of the body of the victim.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Cameras, etc.), took his/her cell phone camera in his/her cell phone mack, at the time and place specified in paragraph (1).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Results of analysis and application of the Acts and subordinate statutes governing the body pictures of the restored victim;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion by room), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of body photographing a camera), 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;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Personal information is personal information when comprehensively considering the Defendant’s age, family environment and social ties, records of the crime, details and motive of the crime, method and consequence of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure or notification order, the preventive effect of the sexual crime subject to registration that can be achieved due to such order, the effect of the victim protection, etc.

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