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(영문) 창원지방법원 2017.11.21 2017고단2732
주거침입등
Text

Defendant shall be punished by a fine of 7.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 17, 2017, the Defendant of a public performance obscenity committed an obscene act openly by committing an act of self-defensing the victim’s residence, such as: (a) around 03:20 on the front day of the E elementary school; (b) discovering the victim A (n, 45 years old); and (c) causing the victim to feel sexual humiliation; (c) following the victim; (d) kiding the sexual organ; and (e) bating the sexual organ by hand until the victim’s residence, such as having the competent authorities over the sexual organ.

2. At the time of the day specified in the above paragraph 1, the Defendant violated the victim’s residence by following the victim’s three-story public stairs, which were located in the above building through the entrance of the entrance, as described in the above paragraph 1.

Summary of Evidence

Application of each statute of the police record of the defendant's oral statement victim A to the court

1. Relevant Article 245 of the Criminal Act concerning the facts constituting an offense, Article 245 of the Criminal Act (the point of obscenity in a public performance) and Article 319 (1) of the Criminal Act;

2. Selection of an alternative fine (not wanting to punish a defendant, a defendant has no previous conviction or suspended sentence, and a defendant has been sentenced to imprisonment without prison labor or heavier punishment and finally confirmed to retire at the present workplace, such result appears to be harsh in light of the nature of the crime of this case and the circumstances of the crime, etc.);

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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