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(영문) 서울중앙지방법원 2018.01.16 2017고정3643

주거침입등

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

On September 21, 2017, around 06:10 on September 21, 2017, the Defendant found the victim C (man, 23 years of age) on the front of Jongno-gu Seoul, Jongno-gu, Seoul, and showed her sexual intercourse before the victim, and the escape began to drive away from the victim.

Accordingly, the victim went to Jongno-gu Seoul Metropolitan Government's dwelling area D studio tele, and the defendant opened the above studio 1 story room room room room room room room room and intrudes the victim with the 4th floor stairs up to the above D studio room room room room room room room room room room room room room room room room room room room room room room room room outside the lower part of the victim reported.

I performed the above act.

As a result, the Defendant invadedd another person's residence D's studio tele, and openly obscenity in roads and D's studio stairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

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

1. proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the principle prohibiting disadvantageous changes is applied in cases where only the defendant requests formal trial)