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(영문) 수원지방법원 안양지원 2018.11.28 2018고단1366

주거침입등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 1, 2018, at around 23:00, the Defendant: (a) viewed the victim before the apartment building located in the king-si, Gyeonggi-do (hereinafter, hereinafter referred to as the “Seoul-do address omitted); (b) was the victim of the apartment building located in the residence of the victim C (24 years old), and (c) went into the said apartment building in consideration of the victim’s view and the public self-defense, and entered into the said apartment building.

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant, at the time and place specified in paragraph 1, obscenity, and in front of an elevator used by a large number of unspecified residents installed in the said apartment building, obscenity, the Defendant committed an act of self-defense by inserting her hand in his/her inner seat, and by putting his/her abundance into a string and shaking it.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to a investigative report (to attachCCTV images);

1. Article 319 (1) of the Criminal Act (the point of intrusion upon residence) and Article 245 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) main sentence of the Act on the Protection of Juveniles against Sexual Abuse is not very good in light of the content of the instant crime and the method of sentencing; and the victim appears to have received serious sexual humiliation and fear; and the fact that the victim was unable to receive a letter from the injured party is disadvantageous.

However, the defendant does not commit a crime, such as recognizing his/her mistake, and receiving treatment by him/her by finding a hospital.