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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On July 18, 2020, around 01:30 on July 18, 2020, the Defendant infringed upon the victim’s residence by entering the 4th floor through a joint entrance to listen to and self-defacing a new studio in which the residents on the fourth floor have sexual intercourse with the victim’s name, in order to listen to and commit a self-defacing act.
2. The Defendant made a public performance, at the above date, at the above location, a obscenity up to the corridor of the fourth floor, revealing a sexual organ and indicating a sexual organ by which the occupants have sexual intercourse, and made a publicly obscene act by allowing an unspecified number of people to view the sexual organ by hand.
Summary of Evidence
1. Written statements prepared by the defendant in court;
1. Application of Acts and subordinate statutes to a report on occurrence (public performance, obscenity, etc.), 112 report processing of reported cases, investigation report (compact of response to a request for appraisal), reply to a request for appraisal, and written appraisal;
1. Relevant legal provisions concerning criminal facts, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 245 of the Criminal Act (the point of obscenity) and the selection of fines;
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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. As to an employment-restricted order (as to the crime of obscenity as indicated in the holding), the sentencing conditions indicated in the records, such as the circumstances and age of the accused and the age, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined in light of the reasons for sentencing under 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 Persons with Disabilities
The crime of this case at a disadvantage: The defendant is guilty of the charge, in which he listens to the faith of the citizens who are in a sexual relationship, and enters the corridor to the same place, and the nature of the crime is not less than that of the crime.