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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. On February 22, 2019, at around 10:12, the Defendant: (a) opened an entrance door at the 1st floor in order to commit the act of self-defense against the Rain, 10:3, 3, and 4, the Defendant intruded into the residence of the residents in the name of the said apartment.
Accordingly, the defendant infringed upon another person's residence.
2. The Defendant engaged in an act of self-defense by cutting off his sexual organ from the elevator in which many and unspecified residents use the above 3 and 4 lines from 10:16 to 10:30 on the same day and cutting off his clothes in the elevator.
Accordingly, the Defendant publicly committed an obscene act.
Summary of Evidence
1. Statement by the defendant in court;
1. 112 reported case handling table;
1. Application of Acts and subordinate statutes to a report on investigation (the closure of a suspect's crime, the closure of images and the attachment of scard);
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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order under Article 62-2 of the Criminal Act;
1. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 and Article 59-3(1) of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the reason for sentencing under Article 59-3(1) of the Addenda to Act on Welfare of Persons with Disabilities; although the person was punished by a fine for the same crime on October 2018
- The young age of the early 20th century is making efforts to prevent recidivism, such as attempting to commit the crime and receiving mental treatment.
In addition to the above circumstances, the defendant's age, character and conduct, occupation, family relationship, environment, motive, means and result of the crime of this case, circumstances after the crime of this case, etc., and various sentencing conditions shown in the arguments of this case shall be determined as ordered.