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Reasons
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(영문) 대구지방법원 김천지원 2018.01.30 2017고단1723
건조물침입
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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 29, 2017, at around 14:00, the Defendant discovered that D (38 years of age) entered a female toilet in order to steals the appearance that women see, and then stolen the appearance that D (38 years of age) sits into a female toilet through a cresh of the bottom.

Accordingly, the defendant intruded on the building managed by others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 319 of the Criminal Act, the choice of punishment for the crime, Article 319 of the Criminal Act, and the choice of imprisonment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as the following grounds for sentencing) is deemed to have stolen the appearance of a woman’s melting the appearance of the defendant, resulting in theft of a woman’s melting the appearance of the defendant, and thus, the nature of the crime is not weak.

The defendant has been sentenced to a punishment on one occasion for a crime of sexual assault and has served a prison term.

However, the Defendant recognized the entire crime of this case and reflected it.

The Defendant agreed with the victimized female and the Defendant.

In order to prevent recurrence, the defendant is continuously receiving counseling or treatment for the prevention of recurrence, and the family members of the defendant also have the defendant actively receive counseling or treatment.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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