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(영문) 서울중앙지방법원 2016.10.12 2016고단5625
방실침입미수등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Pursuant to around 14:00 on July 29, 2016, the Defendant was a person who resides in “D Public Notice Hostel” in Gwanak-gu in Seoul Special Metropolitan City, and was openly obscenity by means of using a knee kneel kneing kneeling kneeling kne, while being knee knee in front of the shower room entrance of women located in the first floor of the 1st floor of the above Public Notice Center (the age of 17).

2. 방실침입미수 피고인은 같은 날 16:00경 위 고시원 내 피해자 E(여, 17세)이 점유하는 호실 출입문 앞에 이르러 방 안 조명이 켜져 있고 피해자의 신발이 놓여 있는 것을 기화로 위 출입문 손잡이를 좌우로 돌려 문을 열고 방실에 침입하고자 하였으나 그 소리를 듣고 깜짝 놀란 피해자가 손잡이 버튼을 눌러 출입문을 시정하여 미수에 그쳤다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime (the point of public performance and obscenity), Articles 322 and 319 (1) of the Criminal Act (the point of attempted intrusion) and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The Defendant and the defense counsel asserted that the instant crime was committed in a state of mental disability due to the Defendant’s mental symptoms. The Defendant and the defense counsel asserted that the instant crime was committed in a state of mental disability due to the Defendant’s mental symptoms.

According to the records, the fact that the defendant was treated as a wound of acute and mental disorder, detailed unknown WIG disorder, unstable response, etc. However, in full view of all the circumstances such as the circumstance of each of the crimes of this case acknowledged by evidence, the defendant's behavior before and after the crime of this case, etc., things due to mental disorder at the time of each of the crimes of this case.

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