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(영문) 서울중앙지방법원 2018.10.31 2018고단5619
주거침입등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the U.S. military affiliated with Daegu Air Base D, subject to SOFA.

1. On July 8, 2018, the Defendant violated his/her residence: (a) entered the said building through the joint entrance entrance door of the Gangnam-gu Seoul Metropolitan Government Etel; (b) went through an elevator installed on the first floor; and (c) intrudes into the five floors of the said building; and (d) opened the front letter of the office door door on several occasions.

Accordingly, the defendant invadedd the above residence.

2. The Defendant, at the time and at the place specified in the preceding paragraph, has taken the portraits of the officetel suspender on five stories, and has taken the place before the residents report on the place.

The act was committed with a lush hand and shaking.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Investigation reports (verification of CCTV images at the time of intrusion into residence), investigation reports (Re-verification of CCTV images during public performance) Acts and subordinate statutes shall apply;

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 choice of imprisonment with prison labor, 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 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the defendant is a foreigner of U.S. nationality who has difficulty in implementing order to complete program because communication with the Korean language is not smooth);

1. In full view of the following circumstances: (a) the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against whom an employment restriction order is waived (the Defendant has no record of punishment for the same kind of crime; (b) social benefits expected by an employment restriction order; and (c) the effect of preventing sexual crimes; and (d) disadvantages and anticipated side effects of the Defendant, a child-related institution, etc.

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