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(영문) 대구지방법원 2018.01.16 2017고단6164
건조물침입등
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 June 14, 2017, around 03:15, the Defendant intruded into the 4th floor of the building in question via the entrance to the “E Announcement Board” managed by the victim D in Busan Metropolitan City.

Accordingly, the defendant invadedd on the building managed by the damaged person.

2. On June 14, 2017, the Defendant discovered the victim F (30 years old) using S7 mobile phone camera functions in the E public notification source No. E, No. 1, 2017 around 03:20 on June 14, 2017, and taken a photograph of the victim’s gallon-based gallon-based galloning.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each protocol of seizure and the list of seizure;

1. A report on internal investigation (in relation to the place of occurrence and dispatch status, etc.),- Photographs;

1. Application of Acts and subordinate statutes to an investigation report (related to requests for genetic appraisal and replies), and a report on results of field identification;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the occupation of intrusion on buildings), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of using and photographing cameras, etc.) and the choice of imprisonment with prison labor;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with more severe punishment (the aggravated punishment for concurrent crimes by using cameras, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course (including that the defendant does not facilitate the use in Korean as an alien, etc

1. Where a conviction becomes final and conclusive with respect to a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment, which is a sex offense subject to registration and submission of personal information under Article 48(1) of the Confiscation Criminal Act, the defendant shall be a sexual crime.

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