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(영문) 서울동부지방법원 2015.06.30 2015고정458

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 December 30, 2014, the Defendant, upon entering a residence, entered the victim C’s residential gate located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) with a view to committing obscene acts around 04:45, and entered the 1st floor stairs inside the entrance.

Accordingly, the defendant invadedd the victim's residence.

2. Public performance and obscene;

A. On December 7, 2014, the Defendant, at around 08:24, went ahead of E’s residence lending in Seoul Gwangjin-gu Seoul Special Metropolitan City F, and, at the same time, committed self-defense against E on the street from the entrance door where many unspecified residents of Ba are off.

B. At the same time, the Defendant committed an act of self-defense against the above C in the above stairs, where many and unspecified residents of the above C are string.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. Application of the Acts and subordinate statutes governing the request for an appraisal and examination;

1. Relevant Article 319(1) of the Criminal Act, Article 245 of the Criminal Act, and the choice of fines for the crime; Article 319(1) of the Criminal Act, Article 245 of the Criminal Act;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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