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(영문) 울산지방법원 2017.10.31 2017고단2746
건조물침입
Text

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

Reasons

Criminal facts

【The Defendant, on October 21, 2014, sentenced the Changwon District Court to six months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Intrusion into public places for sexual purposes), and the judgment became final and conclusive on October 29, 2014. On January 28, 2016, the Defendant was sentenced to nine months of imprisonment with prison labor at the Changwon District Court for the crime of intrusion into a structure and the said suspended sentence becomes void, and the execution of each of the above sentence was completed on November 4, 2016.

【Around June 21, 2017, the Defendant: (a) committed the crime: (b) around 21:31 on June 21, 2017; (c) at the second-story household goods store in Ulsan-gu, Ulsan-gu; (d) with a view to stealinging the appearance of unspecified women to see it; and (e) with a female employee as an employee-only toilet, she intrudes into the above toilet for the victim E management, the head of the foregoing Mart security team, and waits for about one hour after entering the above toilet; and (e) took a change from around 22:40 on the same day, she stolen the form of F (hereinafter, 21 years) that reported a change from the side square immediately adjacent.

Accordingly, the Defendant invadedd the above employees' exclusive toilet management manager against the victim E's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. Nine copies of a photograph (on-site photograph);

1. Each report on internal investigation:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, each investigation report (Attachment to the judgment of the relevant case), and Acts and subordinate statutes;

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. The reason for sentencing Article 35 of the Aggravation of Aggravation of Cumulative Offense Act (hereinafter “Aggravated Offense”) had the record of having been sentenced to a suspended sentence of imprisonment and a sentence of fine, such as the record of the crime in the judgment that the Defendant intruded into the toilet and stolen women who are considered to be sexually changed, from 2011 to 3 times. The instant crime also committed during the period of repeated offense after the execution of the above sentence was completed, and the victim was under heavy impulse due to the Defendant’s crime.

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