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A defendant shall be punished by imprisonment for six 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
[Investigation Experience] Cases: Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into Public Place for Sexual Purposes) by the Seoul East District Prosecutors' Office on September 16, 2015: Suspension of indictment on condition of protection observation [criminal facts]
1. On April 22, 2016, around 02:49, around April 22, 2016, the Defendant invadedd the Victim C’s residence in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and went into the victim’s residence in front of the second floor warehouse through an open gate in mind to view the Defendant’s wife D’s wife-friendly victim’s E, and infringed upon the victim’s residence.
2. On May 31, 2016, around 02:49 on May 31, 2016, the Defendant invadedd the victim’s residence by entering the front of the second floor toilet through an open gate in consideration of the foregoing E, when the said victim C resides in the house.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to C
1. Relevant Article 319 (1) of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the same Act concerning the selection of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Sentencing sentencing guidelines set forth in Article 62-2 of the Criminal Act: Imprisonment with prison labor for six months or a suspended sentence of one year: Imprisonment for six months or a suspended sentence; two years or a suspended sentence of two years; one year or a suspended sentence of one year; and 40 hours or more of attending order: A mitigated person, such as confession, victim C’s non-conformity with punishment; absence of criminal records and absence of criminal punishment;