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(영문) 대전지방법원 천안지원 2014.05.23 2013고정1119

절도등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

1. On August 18, 2012, at around 05:50 on August 18, 2012, the Defendant stolen the Victim D’s smartphone 4 (900,000 won at a market price) set up in the “C” heading in Dong-gu, Nam-gu, Dong-gu, Chungcheongnam-gu, Seoul.

2. Where a victim E requests a return of a smartphone to the Defendant on August 18, 2012, the Defendant made the victim E calls for a return of a smartphone to the other party by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or other people’s sexual desire, it would return the phone to the other party, such as the victim’s hurb, as in the first year, with the intent to arouse or satisfy his/her own or other people’s sexual desire. The Defendant sent the victim a speech or sound, writing, drawing, or picture, or object that may cause a sense of sexual humiliation and aversion through telephone, mail, computer, or other means of communication.

Summary of Evidence

1. Second police interrogation protocol against the accused;

1. Statement made to D by the police;

1. A complaint;

1. Application of the CCTV Acts and subordinate statutes to the suspect;

1. Article 329 of the relevant Act on Criminal Crimes, Article 12 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012); the selection of each fine for negligence

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction is finalized against a sex crime subject to registration, which is subject to obligation to submit personal information under Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosing or notifying personal information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse,