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(영문) 대전지방법원 서산지원 2016.07.22 2016고단378
건조물침입등
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

On October 7, 2015, the Defendant was sentenced to the suspension of the execution for six months of imprisonment with prison labor for obscene crimes in the Seosan Branch of the Daejeon District Court on October 7, 2015, and the probation period becomes final and conclusive on May 12, 2016.

1. On April 12, 2016, the Defendant: (a) parked the said vehicle in the post-school near the E-high school controlled by the victim D in Seosan-si; (b) in order to bring about a self-defense by reporting female students who are going to know while driving a car with the highest string in the vicinity of the E-high school controlled by the victim D; and (c) invaded the said vehicle beyond the school fence.

2. On April 12, 2016, from around 08:57 to around 09:15, the Defendant made a public performance obscenity act openly obscene by putting out female students who see the number of classes through the windows of classrooms, which concealed their body from the 2nd class 7th class of the above school and open the face with the entrance, after going through the door of the classroom, and putting out their sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G and H;

1. Photographs photographs of CCTV images for crime prevention, each related photograph, and investigation report (record 132 pages or less);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as reporting on the previous convictions and results thereof, reporting on investigation (Attachment of relevant data during the period of suspension of execution), and sentence

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act (the point of obscenity in a public performance), Article 319 (1) of the Criminal Act (the point of intrusion on a structure), and the selection of each fine;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment: not only has the history of being punished by coercion against female juveniles under the age of 18, but also has the history of being punished as crimes of intrusion upon a female dormitory by intrusion into a female dormitory, and judgment is rendered due to the same kind of crime.

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