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(영문) 수원지방법원 성남지원 2017.02.10 2016고단3325
주거침입등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2016, when the Defendant came to a multi-household house located in the area of the branch of the party branch of the Gyeonggi-do 11:00, the Defendant: (a) reported the appearance of the victim D (in this case, 24 years of age) to return home with the victim’s uniforms; (b) infringed upon the victim’s first floor stairs following the victim’s order; and (c) infringed upon the victim’s second floor stairs at that place; and (d) was openly self-confisced by the victim’s body, citing the second floor stairs at that place.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each statute on photographs;

1. Relevant Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 345 of the Criminal Act (the point of obscenity) and the choice of imprisonment with prison labor for the crime;

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. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., confession and reflection, and the fact that there is no record of punishment for the same crime);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

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