야간방실침입절도등
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. On July 4, 2015, around 03:05, the Defendant: (a) pretended to the victim C’s “D’s operation” customer in Busan Shipping Daegu; and (b) was cleaning by the victim C; (c) invaded into the said singing room by using the gaps of surveillance negligence; and (d) took one cell phone of “B” mobile phone of “B” in the market price of the victim’s ownership, which was located there; and (b) took it off and stolen.
2. Around July 4, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) caused or satisfied another person’s sexual desire by using a stolen mobile phone from the Defendant’s home located in Busan Shipping Daegu E-M. 1003, using the mobile phone owned by C, and caused or satisfied his/her sexual desire. Around July 4, 2015, the Defendant sent two video pictures taken by the victim F. et al., of the C mobile phone’s Kakakao Athoxo-gu list to a group hostinging room to cause sexual humiliation or aversion, and six photo files taken by male and female sexual intercourse to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes in writing C;
1. The choice of imprisonment with prison labor for a crime in violation of relevant provisions of the Criminal Act, Article 33 of the Criminal Act, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media), and Article 13 of the Act on Special Cases
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. Considering the grounds for sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, there is a need to strictly punish the Defendant.
However, the defendant's mistake is unfolded in depth.