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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant became aware that the Victim C (V, 24 years of age) who is a foreigner was living in the vicinity of the house by chance.
On September 22, 2015, around 23:40 on September 22, 2015, the Defendant intruded the said victim through the window with a view to meeting his sexual desire in the said victim’s housing located in Jung-gu Seoul Metropolitan Government D, beyond a wall installed therein, with a view to satisfying his sexual desire.
Accordingly, the defendant invadedd the victim's residence.
2. 2015 highest370
A. At around 22:00 on September 2, 2015, the Defendant entering a residence, entering the residence of the victim as described in paragraph (1), going beyond the fence, and brought the inside through the victim’s inner window located on the wall, and intrudes into the victim’s residence.
B. The Defendant publicly obscenity committed obscene acts by putting a panty and making a panty in front of the victim’s dwelling space located adjacent to the pelleway and one person working on the pelle, as shown in the column between the victim and the victim’s dwelling space located adjacent to the pelle.
Summary of Evidence
[Fact 1]
1. Statement by the defendant in court;
1. The police statement of C (the fact of Article 2 at the time of sale);
1. Statement by the defendant in court;
1. Statement to E by the police;
1. A written statement prepared in C;
1. Application of the photographic Acts and subordinate statutes;
1. Article 319(1) of the Criminal Act and Article 319(1) of the Criminal Act’s applicable law for criminal facts, the choice of punishment (each intrusion upon each residence, each choice of imprisonment), and Article 245 of the Criminal Act (for the victim’s residence, the “half underground” of multi-household houses) (the victim’s residence is the first floor near the victim’s residence and multi-household houses. The location of the Defendant’s obscene act is a place used not only in the victim’s residence but also in the passage to other tenants’ entrance, and can be seen through the window. Thus, performance is recognized)
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 of the Criminal Act: