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(영문) 대전지방법원논산지원 2020.10.27 2020고단377

건조물침입등

Text

A defendant shall be punished by imprisonment for one year.

The information on the accused shall be disclosed through an information and communications network for three years.

Reasons

Punishment of the crime

[criminal power] On September 4, 2014, the Defendant was sentenced to a suspended sentence of three years and six months for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. at the Jeonju District Court, and the judgment became final and conclusive on November 12, 2014, but the same court was ordered to revoke the suspended sentence on May 14, 2015. On August 28, 2015, the Defendant was sentenced to a suspended sentence of four months for a quasi-indecent act by force in the Jeonju District Court’s military support, and completed the execution of the final sentence on December 23, 2017.

【Criminal Facts】

In a state where the Defendant lacks the ability to discern things or make decisions due to an on-site illness, etc., the Defendant came to be at C Elementary School located in Seosan-si B on July 20, 2020, for instance, at around 14:30, 2020, with a view to openly committing obscene acts, such as exceeding the breath, exposing sexual organ, etc., and intrudes on the corridor of the first floor of this Sub-section through the crypt in the entrance of the above school, and then, many unspecified teachers, including the victim D (W, 56 years old), who are well-grounded in the basic learning of the school, and students go through the corridor, with their own sexual organ exposed to it.

Accordingly, the defendant invaded a structure and openly committed obscene acts.

Summary of Evidence

1. Defendant's legal statement;

1. Scenes of the CCTV in each written statement D and E;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, investigation reports (Attachment to the current status of confinement by individual), investigation reports (Attachment to the same type judgment, etc.);

1. Article 319(1) of the Criminal Act, Article 245 of the Criminal Act, and Article 35 of the Criminal Act from among repeated crimes that choose to imprisonment with labor, Article 319(1) of the same Act, the choice of punishment for the crime;

1. From among the concurrent crimes under Articles 10(2) and 55(1)3 of the Criminal Act, the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for which no order is issued;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Public Disclosure Orders and Notification Orders;