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(영문) 춘천지방법원 2018.08.13 2018고단589
주거침입
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

On May 15, 2018, at around 23:55, the Defendant, a multi-household house located in Chuncheon-si B, around 15, 2018, moved back to the behind the building by using the following passage of the said house, and confirmed that the toilet windows were installed on the ground floor of the said site, and in order to view the shower appearance, the Defendant infringed upon the victim’s residence by opening the toilet windows of 101, where the victim resides, and bringing them into the inside.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each on-site photograph (referring to two and six on-site images) and reports on the results of field identification;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In the first floor of the studio building, which is divided from a wall, etc. at night by the Defendant, who is a male for the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation, opens the window of the toilet in which female victims are placed, and brings about the proposal, which is not good in quality of the crime. The Defendant has the record of criminal punishment in 2014, and there is no agreement with the victim, and there is no data on the effort to recover damage.

However, the fact that the defendant seems to have recognized and against the crime of this case, there is no record of criminal punishment of suspension of qualification or heavier punishment for the defendant, and the fact that other criminal acts have not been discovered in addition to the fact that the defendant opened the window of toilet, etc., shall be considered as factors for sentencing favorable to the defendant. In addition, all other circumstances, including the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the arguments of this case, shall be determined as ordered.

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