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(영문) 서울중앙지방법원 2020.10.06 2020고정1395
주거침입등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who is not aware of the victim B (at all, 30 years of age).

At around 00:30 on April 3, 2020, the Defendant opened a defense network outside the dwelling of the victim B residing in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City C Building D and maintained the peace of dwelling by opening it in an influence manner.

2. On April 3, 2020, at around 00:00 on April 3, 2020, the Defendant obscenity gets away from his corridor in Gwanak-gu, Seoul Special Metropolitan City E-gu, and was carrying back the building after exposing his crypter.

Accordingly, the Defendant openly committed obscene acts.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing field photographs (the verification of CCTV around the site and the investigation of CCTVs) to reports on internal investigation under B;

1. Relevant Article 319(1) of the Criminal Act, Article 245 of the Criminal Act, and the choice of fines for the crime; Article 319(1) of the Criminal Act, Article 245 of the Criminal Act;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order intrudes upon the residence by taking the window of the house in which the defendant living in which there is no one-way female during the latest night. The performance or obscenity in the corridor inside the building, which marks the sexual flag, is heavier than the criminal liability in light of the applicable criminal method.

The victim of a residential intrusion suffered a considerable mental anxiety due to the crime of this case, and is punished by the defendant.

However, the fact that the defendant confessions his crime and reflects his mistake, the history of the suspension of indictment of the same kind is one time, but there is no power of crime, and the wrong consciousness is different.

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