Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a public official in charge of the facilities in B middle school administration office, and the victim C (V, 35 years old) is a public official in charge of contract office, who is a female dormitory in this middle school.
On April 18, 2018, around 22:45, the Defendant used the keys of the dormitory entrance in the administrative office located in B middle school female dormitory located in Da, Newan-gun D, and entered the dormitory.
이후 피고인은 피해자가 있는 기숙사 사감 실내에 있는 피해자가 거주하는 방 실에 이르러 “ 화장실 좀 가야겠다 ”며 그 곳 안까지 침입하여 화장실을 이용한 후 피해자의 침대에 누워 “ 니 침대는 왜 이렇게 푹신푹신 하냐
"" and "the victim requested to leave the room did not hear the request of the victim."
Accordingly, the defendant invadeds on the room possessed by the injured person.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to report on investigation (to hear statements from complainants);
1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;
1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., taking into account the favorable circumstances as seen below): The crime of this case, which appears to have harmed the peace of the victim’s residence and caused considerable mental shock by intrusion into the room where the defendant is under the influence of alcohol, and thereby, deemed to have undermined the peace of the victim’s residence and caused considerable mental shock.
The victim did not reach an agreement with the victim, and the victim seems to have been in the workplace due to the instant case.
The favorable circumstances reflects the defendant's fault in depth.
The method of intrusion into the room was not strong, and there seems to have been other people in the dormitory to which the room of this case belongs.
There are families to support the defendant.
The defendant is an initial offender who has no record of criminal punishment.
It seems that the defendant is making efforts to reach an agreement.
Determination of sentence;