beta
(영문) 의정부지방법원 고양지원 2016.03.30 2015고단3780

절도등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A thief: (a) around October 3, 2015, the Defendant stolen Samsung 5,000 won of the market price by discovering a victim’s portable phone on the side floor inside the “E” surface located in Seo-gu, Seo-gu, Busan, Seo-gu, Seo-gu, Busan, in order to prevent theft.

2. On October 15, 2015, the Defendant discovered the victim H (the age of 16) that she she gets up with the short fright shed in the square in the G subway station history located in the Seo-gu in U.S., Seo-gu, U.S. on October 21, 2015, and found the victim H (the age of 16) and then went up with the above subway stations No. 8, U.S. Racing along the above subway station, followed the victim’s her face her face while carrying a cell line under the right edge of the victim, following the victim’s face.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Seizure records;

1. Application of the Acts and subordinate statutes to photograph seized evidence;

1. Relevant Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor, concerning the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The reason for sentencing of Article 333(1) of the Return Criminal Procedure Act is only one cell phone, and the fact that the victim of sexual assault was only one cell phone, which is favorable to the defendant.

However, the fact that the defendant has been sentenced to a suspended sentence for larceny and that he has been sentenced to imprisonment for eight months due to sexual crimes is disadvantageous.

In addition, the age, sex, environment, and circumstances after the crime of the defendant.