logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.11.30 2018고단2159
주거침입등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Intrusion upon residence;

A. On August 21, 2018, the Defendant, around 02:30 on August 21, 2018, when the victim C (n, 28 years of age) located in Gwangju City B was stolen from the victim who was located in the foregoing residential room, and went into the wall of the above residential area to intrude the victim’s residence.

B. On August 21, 2018, around 02:50 on August 21, 2018, the Defendant abused the victim E (n, 22 years of age) who was living in Gwangju City, into the wall of the said residential area, and invaded upon the victim’s residence.

(c)

On August 28, 2018, at around 01:50, the Defendant: (a) stolen the victim, such as the above paragraph (a) at the same place as the above paragraph; (b) entered the wall of the above residence; and (c) intruded the victim’s residence by inserting the hand with the window between the window of the above residence and pressing.

2. The Defendant publicly obscenity committed an obscene act by openly putting the victim on the same date, time, and place as the foregoing paragraph 1(a) and with the victim’s sexual organ, booming him in hand, and booming him.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each E statement;

1. The 112 reported case handling table; and

1. Each report on investigation;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Relevant legal provisions of the Criminal Act, 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 choice of imprisonment with prison labor, 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 62 (1) of the Criminal Act (The following favorable circumstances):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. The crime of intrusion upon each of the following facts: Article 56(1) of the Act on the Protection of Children’s Juveniles against Sexual Abuse(hereinafter “Act”) was committed by the Defendant for the same reason; and the crime of intrusion upon each of the following facts is committed because the Defendant intrudes into the residence where a young female is living at the new wall time to meet his or her sexual defense.

arrow