beta
(영문) 의정부지방법원 고양지원 2017.11.30 2017고단2416

건조물침입등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a company member who is not aware of the victim at all.

1. On May 4, 2017, around 22:30, the Defendant: (a) discovered that the victim D (30) entered in a female toilet with a view to meeting his/her sexual desire, and (b) discovered the appearance of female workers in the one-story-dong Office Officetel Ctel 1, Dong-gu, U.S.; and (c) subsequently, entered into the female toilet with a view to meeting his/her sexual desire.

Accordingly, the Defendant entered the side partitions of the available side of the victim who reported the side of the victim, followed a changeer, followed by the partitions, and invaded on female toilets with a view to meeting the sexual desire of the victim, such as breaking the form in which the victim sees the melting side, and infringing de facto peace of the victim.

2. The Defendant, at around May 4, 2017, obscenity 23:20, was engaged in a self-defensive act in a state where he was exposed to sexual organ by getting off his 508 East-gu E apartment house in front of the Dong-gu 508 East-gu, Yongsan-gu, Sinyang-si, and was driving away by a bit female who was going through a way, and mashed.

The Defendant made a patently obscene act, such as witnessing F(F, 23) and causing a sense of sexual shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the F or D police;

1. Photographs of police officers on the scene of crime;

1. Investigation report (in-depth investigation into a site related to the intrusion of a structure);

1. Application of Acts and subordinate statutes to investigation reports (the investigation at places of crime related to obscenity);

1. Relevant legal provisions concerning criminal facts, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 245 of the Criminal Act (the point of obscenity) and the selection of fines, respectively;

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 the Punishment of Sexual Crimes Committed to Order;

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