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(영문) 서울남부지방법원 2017.11.29 2017고단4620
주거침입등
Text

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

(b) Crime history;

1. On June 29, 2017, around 21:23, 2017, the Defendant invadedd the victim’s residence by finding out the appearance of her victim C (the victim, her life, her age 28) (the victim, her age 28) residing in Yangcheon-gu Seoul Metropolitan Government) (the victim’s her age her age her age her age her age her age her age her age her age her age she was her cell phone camera, and entering the victim’s house in front of the window located behind the victim’

2. On June 29, 2017, the Defendant taken pictures against his/her will, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.) of the Defendant’s cell phones from the victim’s inner window to the victim’s inner window at the same place as indicated in paragraph (1) around June 21, 2017, and taken pictures against his/her will that may cause sexual humiliation, such as the form of panty and brode, in which the victim took the clothes when she takes the clothes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (Attachment of a photo on the site of intrusion);

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to photograph the restoration of digital sirens from the recipient's mobile phone;

1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the crime, the selection of a sentence, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the fact that the body of another person is taken against his/her will), and the selection of imprisonment with prison labor;

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of community service orders and orders to attend lectures;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the Defendant committed this case’s crime with a similar content that was investigated and tried against the female’s body against his will; (b) the victim appears to have suffered a considerable sexual humiliation and aversion due to the instant case; and (c) the crime’s nature is not easy in light of the fact that the victim could have suffered a considerable sexual humiliation and aversion; and (d) the damage has not been recovered.

(b).

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