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(영문) 수원지방법원 성남지원 2014.01.10 2013고단2803
주거침입등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. obscenity portion

A. On September 26, 2013, the Defendant: (a) around 20:0 on September 26, 2013, the Defendant engaged in obscenity and obscenity in front of the victim D (Inn, 20 years of age)’s home toilets located on the first underground floor in Seongbuk-gu, Sungnam-si; (b) and (c) committed an act of self-defluening sexual organs

Accordingly, the Defendant publicly committed an obscene act.

B. On October 23, 2013, around 19:50 on October 23, 2013, the Defendant: (a) reported that the Victim F (F) is mixed with the other party’s own office located in Seongbuk-gu, Sungnam-si, Sungnam-si; and (b) performed the act of self-defenseing the other party’s sexual organ as seen earlier.

Accordingly, the Defendant publicly committed an obscene act.

2. Part concerning intrusion upon residence;

A. On September 9, 2013, around 19:00, the Defendant entered the victim D’s house located in Seongbuk-gu, Sungnam-si, Sungnam-si, into the front of the 1st floor entrance above, through an open gate, which was held in mind to commit self-defense.

Accordingly, the defendant invadedd the victim's residence.

B. On September 26, 2013, around 20:00, the Defendant entered the victim’s home toilet window in front of the victim’s home toilet window through an open gate, which was held in mind, to bring about the victim’s house as described in the above paragraph D.

Accordingly, the defendant invadedd the victim's residence.

C. On October 23, 2013, around 20:30 on October 23, 2013, the Defendant entered the victim’s house through an open gate in mind to view the side of the victim D’s house, and entered the front of the victim’s house cremation.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on police statements made to D and F;

1. Article 245 of the Criminal Act and Articles 245 and 319 (1) of the Criminal Act: Selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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