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(영문) 수원지방법원 2017.07.06 2017고단2277
주거침입등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On February 20, 2017, the Defendant infringed upon the residence of the victim C (the 48-year-old age), who was located in the C (the 48-year-old age) around 20:30, and went through the gate of the 4th floor for the purpose of self-defense in front of the victim, and went through the gate of the 4th floor, and intrudes on the victim’s residence.

2. The Defendant of obscenity in a public performance is able to look at the victim who was in front of the entrance and was in front of the entrance from the stairs of the fourth floor above the eth of the eth century in a day, such as Paragraph 1, and 1, and takes out his sexual organ.

The act of self-defense by hand was openly obscene by using a scrupt and scrubing method.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on report of internal investigation (to visit the place of occurrence, interview with victims, etc.);

1. Relevant legal provisions concerning criminal facts, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 245 of the Criminal Act (the point of obscenity) and the selection of fines, respectively;

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. Although there exist unfavorable circumstances such as the reason for sentencing of Article 334(1) of the Criminal Procedure Act, in light of the form and content of each of the crimes in this case, and the fact that the defendant did not receive a letter from the injured party, the defendant’s mistake is against the defendant, the defendant is the primary offender, and the defendant is the most supporting his/her wife and his/her child, the punishment as ordered shall be determined by taking account of the following factors: the defendant’s age, sex, environment, circumstances, circumstances after the crime, and circumstances after the crime.

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