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(영문) 수원지방법원 성남지원 2017.08.17 2017고합109
건조물침입등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On February 24, 2017, at around 23:40, the Defendant entered the female toilets of the first floor of the branch of Seongbuk-gu, Seongbuk-gu, Sungnam-si, Sungnam-si, into the toilet through the entrance of the entrance in order to cut away the appearance of other women to view it as melting.

The defect that the victim D(n, 19 years of age) desires to open a string column in the live toilet, and the defendant was pushed the victim into the live pen and then boomed into the victim's entrance.

Accordingly, the defendant invadeds on the building managed by others, and intrudes on the room possessed by the victim, thereby committing an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to CCTV images and field photographs;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion on a structure, the choice of imprisonment), Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 298 of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes to the extent that the punishment is aggregated with the long-term punishment of the crimes specified in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (Indecent Acts by force on

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. Determination as to the assertion by the defendant or his/her defense counsel on Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(1)2 of the main text of Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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