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(영문) 수원지방법원 성남지원 2018.04.06 2017고단3293
건조물침입등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Intrusion upon a structure;

A. On September 30, 2017, around 20:55, the Defendant: (a) confirmed that the Victim F (F) was mixed in a 'E’ store in Sungnam City D and 54 years old; and (b) confirmed that the Victim F (F) was married in the store; and (c) entered the store for the purpose of meeting the sexual desire; (d) discovered the Victim’s Belgium and found the Victim’s business “after the end of the business.”

In spite of the phrase “the victim must speak.”

“In doing so, it intrudes on a structure such as cutting a victim.”

B. On September 30, 2017, the Defendant intruded into a structure by entering the 'H 1st floor G in Sungnam-si, Manam-si, for the purpose of openly obscenity by putting panty in hand and raising panty, etc.

2. The Defendant obscenity 1-b. At the same time, at the same time and place as paragraph 1-b. A, the Defendant obscenity 5 female customers, including the victim I (at the age of 22), left the Belgium in front of the female customers to bucks, left the panty to bucks, let the lower part of the panty to fucks, let the female customers get off her sexual organ by hand, and let the female customers get off her breasts and the bucks of the bucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and F;

1. Written statements of J, K, L and M;

1. Application of Acts and subordinate statutes to photographs on crime scene;

1. Relevant provisions of the Criminal Act, Article 319(1) of the Criminal Act (a) (a point of intrusion on buildings), Article 245 of the Criminal Act (a point of obscenity) and the selection of fines, respectively, 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant did not know at all even during the period of repeated crime resulting from sexual assault, and that the Defendant committed the instant crime is disadvantageous to the Defendant.

However, each of the instant cases by the Defendant.

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