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Reasons
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(영문) 서울북부지방법원 2019.02.13 2018고단4891
주거침입등
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A defendant shall be punished by imprisonment for not more than ten 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 August 27, 2018, around 00:03, the Defendant intrusiond the victim’s residence by entering the entrance door of the said apartment Ddong entrance, following the victim, to find out the victim C and to commit an indecent act against the victim’s sexual organ and to find out the victim C and 19 years old.

2. On August 27, 2018, the Defendant: (a) intruded into the apartment Ddong on August 27, 2018, as set forth in paragraph (1) of this Article; (b) “Iskn only once” with the victim’s words “Iskn only when Isknish. Iskn if Isk in good horse, Iskn's chest at the victim’s hand to the police when Isknish; (c) Iskn's breast, Is the victim’s finger to the police when Isknish; and (d) Iskn's finger to the guard room from the elevator; and (d) Iskn's hand to the victim when Isknish.”

. The victim who takes 112 using a Handphone is taken off as soon as possible, and the victim “one-time only is taken off.”

As "I am", the victim's chest was fluored by his hand, and the victim was forced to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of CCTV-cape photograph Acts and subordinate statutes;

1. Relevant Article 319(1) of the Criminal Act, Article 298 of the Criminal Act, and the choice of imprisonment with labor for the crime;

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. An order to disclose or notify, or an order to exempt an employment restriction order, Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1), the proviso to Article 50 (1), the proviso to Article 56 (1), and the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the risk of recidivism;

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