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(영문) 서울남부지방법원 2017.11.22 2017고단3015

특수재물손괴등

Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant was sentenced to six months of imprisonment on November 11, 2016 due to interference with business affairs, etc., and the execution of the sentence was terminated on March 19, 2017. On May 31, 2017, the Defendant was sentenced to one year of imprisonment due to assault, etc., and the said judgment became final and conclusive on June 8, 2017.

On April 2, 2017, around 11:50, the Defendant: (a) inserted the bags ( approximately KRW 21cm in length), which are dangerous things in front of the exit route of Yeongdeungpo-gu Seoul, Seoul, into vinyl 1, 2017, and (b) added them to vinyl 1,00,000 won to the victim E, and (c) Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da, the Defendant continued to have the victim suffered, and (d) Ha Do Ha Do Ha Do Ha Do Ha Do Ha Do Ha Ha, which was the victim’s Ha

Accordingly, the defendant carried dangerous objects and damaged the victim E's property and made a patently obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. A written statement of F and G;

1. The suspect's photograph and the suspect who was in possession of the victim at the scene of the case;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (a repeated crime and concurrent crime after Article 37 of the Criminal Act), text of judgment, status of confinement of individuals, and Acts and subordinate statutes regarding search of consolidated cases;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 245 of the Criminal Act (a point of destruction of special property), and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The sentencing guidelines do not apply to each of the crimes of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act, since the crime of assault, etc. for which judgment became final and conclusive, and the crime of single concurrent crimes after Article 37 of the Criminal Act.

The defendant committed the crime of this case during the period of repeated crime and committed violent crimes even before repeated crime.