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(영문) 서울북부지방법원 2020.11.06 2020고정1314
주거침입등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 25, 2020, around 01:30 on May 25, 2020, the Defendant invadedd the victim’s residence peace by inserting her head and hand into the house C, and by continuously opening the house window of the victim’s house and inserting her finger and hand into the fence installed adjacent to the building to bring into the house.

2. In a time and place like Paragraph 1, the Defendant publicly obscenity committed an obscene act by cutting the victim’s toilet windows at the victim’s residence, leaving the front part of the victim’s toilet windows, and making the sexual organ by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation in the B's statement (verification of victim B telephone conversations and CCTV images for crime prevention);

1. Application of Acts and subordinate statutes to Chapter 1 of CCTV for crime prevention, such as field and CCTV photographs for crime prevention;

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

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

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

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