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(영문) 서울남부지방법원 2020.08.26 2020고단3479

주거침입등

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On February 4, 2015, the Defendant was sentenced to five years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Busan District Court's Branch Branch on February 4, 2015. On January 24, 2020, the Defendant completed the execution of the sentence in the Seosung Prison District Court.

1. On June 11, 2020, at around 14:54, the Defendant entering a house, etc., located in Guro-gu Seoul Metropolitan Government B, was in front of the “multi-family housing” Ddong, where the victim C (n, 55 years old, etc.) was living in Guro-gu, Seoul. Thus, the Defendant entered the house to the 1st floor entrance of the said apartment, through the joint entrance, which was not corrected in mind by doing self-defense at the entrance of the first floor through which many unspecified apartment residents

2. The public performance and obscenity Defendant openly committed an obscene act by putting out her panty and panty to the booming of her panty, and by using her spoty to the spokes and spokes as her hand, at the time and at the place specified in the above Paragraph 1, and while she passes by E (the 44 years of age) and her girls.

3. Around 09:00 on June 20, 2020, the Defendant entering a building, which was managed by the Victim G (Nam, 65 years of age) in the Guro-gu Seoul Metropolitan Government FF market, was invaded upon the building by entering the building to the second floor stairs of the building without permission, through the entrance, which was not corrected well in mind.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G, C and E;

1. A report on the generation of facilities (living intrusion and public performance obscenity) and a report on internal investigation (the analysis of CCTV images in apartment houses);

1. Each photograph;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of repeated crimes) and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 319(1) of the Criminal Act (including intrusion upon residence and entering a structure), Article 245 of the Criminal Act, and the choice of imprisonment with prison labor for each of the following:

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. An order to restrict employment of children or juveniles;