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(영문) 서울북부지방법원 2018.05.24 2018고단292
주거침입등
Text

The punishment of the accused shall be eight months by imprisonment.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a workplace worker of the victim C (V, 30 years of age).

1. On November 8, 2017, at around 16:30 on November 16, 2017, the Defendant intrusiond the victim’s residence in Seongbuk-gu Seoul Metropolitan Government, opened the entrance door to the entrance door of the victim’s residence, and intrudes on the victim’s residence by using the cres without the victim in order to install a camera to photograph the victim’s body, etc.

2. On October 20, 2017, the Defendant purchased the so-called “mark camera” through an Internet site at a place where the address is unknown, and the Defendant entered the victim’s house in order to take a daily life, including the appearance of the victim in which he/she takes clothes, and then was infected with the wall at the same time as above, in order to take the victim’s daily life, including the appearance of taking clothes back.

Although a camera was installed in order to photograph the victim's house at the bottom of the air conditioner, the damage was attempted immediately by a person returning home to find a camera.

Accordingly, the Defendant attempted to take the body parts of the victim, which could cause sexual humiliation or shame of shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (related to the date and time of intrusion upon a suspect's residence);

1. Application of Acts and subordinate statutes to an appraisal report, each protocol of seizure, and each list of seizure;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act, Articles 15 and 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of imprisonment with prison labor for the crimes;

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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. An order for disclosure;

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