Man Peeping at Neighbor's House at Midnight... Reason for Harsher Sentence from Fine to Imprisonment

"Past Attempted Rape Record Indicates Risk of Recidivism"

A man in his 40s who was fined in the first trial for peeping into a neighbor's front door and window at night received a heavier sentence of imprisonment in the appellate trial.

According to the legal community on the 29th, the Criminal Appeals Division 2 of the Daejeon District Court (Chief Judge Choi Hyung-cheol) overturned the original sentence of a 7 million won fine for A (44), who was indicted for trespassing, and sentenced him to 6 months in prison with a 2-year probation.

A was charged with squatting in front of the front door of B, a resident of the apartment in Yuseong-gu, Daejeon, where he lived, at around 9:30 p.m. on July 15, 2020, and peeping through the screen door. Around 10 p.m. on the same day, he was also accused of entering the victims' residences by pulling aside the window screen of C, who lived on a different floor, and looking closely at the face through the window.

A man in his 40s who was fined in the first trial for peeping into a neighbor's front door and window at night received a heavier sentence of imprisonment in the appeal trial. The photo is unrelated to the article. [Image source=Getty Images]

A claimed that "I called because the dog inside the house was cute, and I just slightly lifted the screen because it was interesting," arguing that there was no intent in the crime.

The first trial court stated as the reason for the fine, "Although the defendant's residence and the victims' residences were on different floors, entering the hallway and peeping inside the houses seriously infringed on the peace of residence," but also took into account "the defendant's body did not enter the victims' houses."

The prosecution appealed, arguing that the sentence was too light and unfair.

In the appellate trial, the prosecution's claim of inappropriate sentencing was accepted. This was because the defendant had a prior record of being sentenced to probation with imprisonment for attempting to rape after trespassing into a woman's residence, and there was a risk of reoffending. The appellate court stated, "The victims were shocked and fearful of additional crimes, and one even moved residence," and overturned the original sentence of a 7 million won fine, sentencing him to 6 months in prison with 2 years probation.

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