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(영문) 서울동부지방법원 2014.06.13 2014고단45
주거침입등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the relationship between the victim B (math, 33 years of age) and the victim B (math, 33 years of age).

1. On December 26, 2013, around 01:50 on December 26, 2013, the Defendant, who was living in Songpa-gu Seoul, was in the house of the victim of D Dong 1002 (D building) located in Songpa-gu Seoul, and went into the house and intrudes the victim’s residence.

2. Violation of the Act on the Punishment, etc. of Sexual Crimes (Ameras, Use and photographing of Cameras) the Defendant took photographs of another person’s body against his will, after reporting the victim’s self-determination at the above date, time, and place, and walking out his boom, using mobile phone cameras, which might cause sexual humiliation to the victim’s sexual humiliation;

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on investigative reports (to attach a Kaka message sent by A to B);

1. Relevant provisions of the Criminal Act, Article 319(1) of the Criminal Act, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine of 3,00,000 won to be imposed on the suspension of sentence;

1. Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse (100,000 won per day);

1. The crime of this case on the grounds of sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence (hereinafter referred to as the following grounds for sentencing) is committed by the Defendant by intrusioning upon the victim’s residence and photographing pictures of the victim whose sexual organ is exposed, and the nature of the crime is not less severe, and the fact that the agreement with the victim was

On the other hand, it seems that the defendant recognized the crime of this case and responded to it, and that the defendant committed the crime of this case by misunderstanding the victim's intention of decision in the process of hedging with the victim, and that the photograph taken was immediately deleted after transmitting it to the victim.

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