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(영문) 광주지방법원 2018.09.05 2018고정451
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A who intrudes upon a residence: (a) he went to a E club located in the Seo-gu in Gwangju, Seo-gu;

F, i.e., with the victim G (the name, 32 years of age, women) who met through the Republic of Korea, the Defendant A informed the Defendant A of the fact that he had sexual intercourse with the victim under the influence of alcohol and the victim still has been kept in the Mourter, and that the number of the relevant Mour and the card ki are kept in the Mourter.

Defendant

A around October 3, 2017, around 06:40, at the above Iel, the completion was done as if he was the user of the above her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her own,

2. Defendant A, at the same time and place as set forth in the preceding paragraph, took photographs of the victim’s body boomed by opening a door set of the said Iel J, where the victim remains, and opening the door set of the victim’s body in a locking state, using his cell phone, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to B, C, D, and F;

1. Screening pictures by capturing CCTV image data;

1. Application of Acts and subordinate statutes to investigation reports (the details of CCTV images analysis at crime scene);

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act, Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines concerning the crime;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects his mistake.

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