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(영문) 서울남부지방법원 2018.07.02 2017고단6466
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant

A shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Defendant A, who violated the Punishment of Violences, etc. Act (joint residence intrusion) had a producer of an external producer who produces a program for broadcasting, and Defendant B, as an auxiliary investment, produced a program related to the amendment of the Act on Promotion of Mental Health and Support for Mental Disease and Welfare Services, among the program “E” broadcasted in D as an auxiliary investment, intended to gather news against F who is confined in the Public Medical Care and Custody Center, and intended to record the process.

No person who intends to enter such correctional institution, such as a correctional institution, may possess any article that is likely to undermine the safety or order of the institution, such as photographers, visual cameras, and tape recorderss, without the permission of the head of the correctional institution.

Nevertheless, at around 15:59 on May 31, 2017, the Defendants concealed the purpose of coverage and intruded into the public welfare care and custody center for distribution, which is located on a 253-gild from distribution, and passed through the above public welfare and custody center for public officials in charge of receiving the visit by submitting an interview application and submitting the interview application to the public official G in charge of receiving the visit, and entered the above F into the interview room for about 15 minutes while holding the small tape recorder, which is a product the entry of which is prohibited, in the Defendant’s note, and recorded the contents of the conversation in F.

The Defendants jointly intruded on the structure managed by the Director of the Public Medical Care and Custody Center, and conspired with them to interfere with the lawful execution of G by a prison officer in charge of meeting with the above public medical care and custody center by deceptive means.

2. No person who violates the Act on Promotion of Mental Health and Support for Welfare Services for Mental Patients shall record, record, or photograph a mentally ill person without the consent of the mentally ill person, a person without his/her protection, or a person who protects him/her;

Nevertheless, the Defendants conspired with each other at the time, place, and place specified in paragraph 1.

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