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(영문) 서울북부지방법원 2019.11.28 2019고단3804
주거침입등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On June 28, 2019, the Defendant: (a) around 01:09, in front of the building in Seongbuk-gu Seoul, the victim C (n, 23 years of age) walking along the paths, and met the Defendant’s sexual flag by hand; (b) the victim enters the said building depending on the victim’s crebs inside the joint entrance of the first floor of the building; (c) continuously intrudes the victim into the corridor of the fourth floor of the building in which the victim resides using the stairs depending on the stairs; and (d) continuously intrudes the victim into the house with the victim’s sexual flag, and (e) let the victim see the victim “low”, and (e) let the victim see the Defendant, and (e) scam the Defendant’s sexual organ, and (e) scambling the Defendant’s sexual organ.

Accordingly, the defendant invadedd the victim's residence, and made a patently obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (related to the measurement of the scene at which the victim voluntarily participates) and attached outputs of the scene measurement photographs;

1. Application of Acts and subordinate statutes to a report on investigation (related to whether to correct the victim's telephone search door door);

1. Relevant legal provisions concerning facts constituting an offense, Articles 319(1) and 245 of the Criminal Act (the points of intrusion upon residence), and the choice 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reasons for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) of the Welfare of Disabled Persons Act are as follows: (a) the Defendant, at night, drive away a mixed female; (b) the Defendant, following the Defendant’s attempt to obtain a password of the first floor of the building, intrudes on another’s residence; and (c) the said victim, who was going to a house after going to the front corridor of the fourth floor of the building in which the said victim resides, went to the said house after going to the front corridor of the said fourth floor.

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