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(영문) 서울동부지방법원 2020.12.17 2019고단3519
주거침입등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Intrusion upon residence;

A. On August 8, 2019, from around 03:34 to 03:44, the Defendant entered the front end of the house located in Gangdong-gu Seoul Metropolitan Government, and went ahead of the windows in D’s dwelling where the victim C (the age of 54) resides, the Defendant: (a) opened the windows in his hand; and (b) invaded the victim’s dwelling, such as opening the windows in front of the house located in Gangdong-gu Seoul Metropolitan Government; and (c) cutting the fingers into the windows, and

B. On August 30, 2019, from around 02:44 to 02:52, the Defendant infringed upon the victim’s residence in the same manner as Paragraph 1(a) at the same place as Paragraph 1(a).

2. Public performance and obscene;

A. The Defendant: (a) held a window of the victim’s home at the same time and at the same time as paragraph (1) of Article 1; (b) held a window of the victim’s home; and (c) held a room; and (d) committed a patent obscene act by getting off and

B. The Defendant committed the act of self-defense in the same manner as Paragraph 2(a) at the same time and place as Paragraph 1(b), and committed an obscene act, such as making a circumstance on the entrance door on the left side of the above windows.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s response to a request for appraisal of CCTV images CDs (at least 56 pages of evidentiary records);

1. Application of Acts and subordinate statutes to investigation reports (CCTV image verification);

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 245 of the Criminal Act, and the choice of imprisonment with prison labor, respectively, for the crime;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders;

1. The crime of this case on the grounds of Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), Article 56(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59-3(1) main text of the Act on Welfare of Disabled Persons, is an act of self-defense by the victim by opening a home house where the victim is a victim on his/her new wall and walking the door door.

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