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(영문) 대구지방법원 2017.05.18 2017고단1658
건조물침입
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On February 18, 2017, at around 21:50, the Defendant, in front of a woman’s toilet in a shopping mall “C cafeteria” located in Busan Metropolitan City B, tried to look at the appearance of a woman’s flag, and invaded into a structure that manages the name and influence of the victim’s name.

2. On February 18, 2017, the Defendant entered the place indicated in paragraph (1) around 22:30 on February 18, 2017, into a female toilet for the said reason, and intruded into the structure under which the victim’s name is infinite.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. 112 Reports on the details of handling cases, and toilets photographs;

1. Application of Acts and subordinate statutes to each investigation report (specific circumstances, booms and private CCTV extract photographs for crime prevention, attachment of site photographs);

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the facts constituting an offense (the occupation of a structure and the selection of a punishment by imprisonment);

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 reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant was punished several times due to the crime of intrusion upon the same kind of residence, and the fact that the criminal nature of the crime was poor in light of the method of crime, in light of the fact that the defendant invadeds on a female toilet intending to steals, and then re-influences again after it was discovered.

On the other hand, in full view of the favorable circumstances such as the defendant's acknowledgement of the crime of this case and the fact that there is no record of crime since 2007, and all of the sentencing conditions, including the defendant's age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, the punishment as ordered shall be determined.

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