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(영문) 서울동부지방법원 2018.04.27 2017고단3816
주거침입등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On August 8, 2017, the Defendant infringed upon the residence of the victim by means of opening a window and inserting his/her cell phone in order to photograph the body of the victim D (n, 22 years of age) located in Songpa-gu Seoul Metropolitan Government (hereinafter referred to as “victim D”) in his/her residence.

In addition, the Defendant invaded upon the victim’s residence over a total of 21 times from the above day to August 26, 2017, as shown in the attached Table 1 list of crimes.

2. On August 27, 2015, around 23:33, the Defendant taken a photograph of another person’s body against his/her will, using the Defendant’s mobile phone camera photographing function at one location in Songpa-gu Seoul, Songpa-gu using the Defendant’s mobile phone camera photographing function on the victim’s name, and taken a photograph of the body of another person who may cause sexual humiliation or shame by using camera or other similar devices with similar functions.

In addition, from the above day to September 13, 2017, the Defendant taken photographs of another person’s body that may cause sexual humiliation or sense of shame using his cell phone cameras over 36 times in total, such as the crime sight table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. A protocol of seizure and a list of seizure;

1. Each investigation report (No. 13, No. 21 through 23, No. 26) ;

1. Application of each damaged photograph and image Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the crime, the choice of punishment, and Article 319 of the Criminal Act, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using and photographing cameras, etc.) 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. Protection and observation, community service and the punishment of sexual crimes committed against an order to attend a course, etc.;

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