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(영문) 부산지방법원 동부지원 2017.12.20 2017고단2321

주거침입등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The accused has weak ability to discern things or make decisions due to mental illness, etc.

1. On August 15, 2017, around 22:50 on August 15, 2017, the Defendant infringed upon his residence by opening a gate that was not corrected under the influence of alcohol and entering the victim’s residence.

2. The Defendant had obscenity committed an obscene act by openly exposing an apartment corridor in which residents can see, in the state of being exposed to her sexual organ by cutting off the brightness and clothes at the time and place specified in paragraph 1, as described in paragraph 1, and cutting the victim into the victim’s home, such as entering the victim’s sexual organ, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to an investigation report and an investigation report (verification of correction status, etc. of the victim's residence);

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act (the point of intrusion upon residence), and Article 245 of the Criminal Act (the point of obscenity in public performance) (the choice of each imprisonment with prison labor);

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

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 (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under the proviso of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from order to complete education (where it is difficult for the Defendant to perform an order to attend education due to mental illness) is committed by exposing sexual organ at night and exposing an apartment corridor and intrusion upon another person’s residence. The crime is not good, and the crime is not good, and the victim appears to have suffered considerable apprehension and displeasure.

However, the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and the defendant is physically and mentally weak due to mental illness.