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(영문) 대구지방법원 2020.04.21 2019고단6376

주거침입등

Text

A defendant shall be punished by imprisonment for one year.

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 15, 2019, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a crime of intrusion upon residence and a crime of obscenity in the Daegu District Court, and the said judgment became final and conclusive on December 28, 2019.

Criminal power is the defendant who is not aware of the victim B (a person, 23 years of age).

On May 6, 2019, from around 04:45 to around 05:15 on the same day, the Defendant discovered that studio in the studio of the studio in Busan City, which was in front of the studio in front of the studio in front of the studio, found that the entrance of the joint studio is in front of the wall and the number is divided, and entered into the joint studio door by dividing the number into the front door of the studio of the victim’s residence on the studio in the stude of the studio in the stude of the studio in the studio, the Defendant: (a) opened the studio; (b) opened the studio of the victim’s dwelling on the 1st floor; and (c) opened the studio to the buck.

Accordingly, the defendant invadedd the victim's residence, and made a patently obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. A photograph of a domestic history report (related to the styve image of the suspected styp), a styve image of the styve image;

1. A written statement (B) and a written statement made by the police officer with respect to B;

1. A report on internal investigation (Attachment of photographs of the scene of crime), and on-site photographs;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of cases by a suspect pending in trial) and application of each statute of the judgment;

1. Relevant legal provisions concerning facts constituting an offense, Articles 319(1) and 245 of the Criminal Act (the points of intrusion upon residence), and the choice of imprisonment with prison labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent 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 to Order;

1. Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;