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(영문) 부산지방법원 2017.10.25 2017고단4077
주거침입등
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

On June 3, 2017, around 03:53, the Defendant: (a) around the E- building in Busan, the victim D (n, 28 years of age) residing in Busan, Jin-gu C; (b) reported that the victim entered the said building; and (c) followed the victim’s boarding the elevator with the victim; (b) let the victim get off the elevator; and (c) let the victim get off the elevator; and (d) taken out the b

I performed the above act.

Accordingly, the defendant invadedd the victim's residence and openly committed obscene acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 319 (1) of the Criminal Act (the point of intrusion upon residence) and Article 245 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of 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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is that the Defendant again committed the instant crime despite having committed the same kind of crime. This constitutes an act that may give the victim a serious sexual aversion and fear, and the nature of the crime is very good.

However, the defendant is in profoundly against the defendant, and the victim is not subject to the defendant's punishment in agreement with the victim, and the defendant's age, sex, environment, circumstances leading to the crime, means and methods of the crime, results, etc. shall be determined as ordered in consideration of the sentencing conditions, such as the defendant's age, sex, environment, circumstances after the crime, etc.

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