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(영문) 서울동부지방법원 2016.09.20 2015고단3764
점유이탈물횡령등
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

1. On October 2014, the criminal suspect found one of the LGG G3 portable phone calls, where his/her name is lost at a place where it is difficult to identify the location of the Gangnam-gu Seoul Seo-dong, Gangnam-gu, Seoul, and where his/her name is lost.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “E”), around 02:40 on October 13, 2015, the Defendant taken videos against the victim’s body, such as 25 victims in the instant “E” at the same place from around 02:40 to November 7, 2015, including the victim’s name, non-existent male, and female one image with the cellular phone described in paragraph (1), which is located in “E” joints located in Songpa-gu Seoul Metropolitan Government, and the victim’s name, i.e., “E” located in the same Gu, the building immediately adjacent to the victim’s body, who may cause sexual humiliation or shame, such as 25 victims in the instant “E” at the same place, against his/her will.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. Police seizure records and list of seizure;

1. On-site photographs and photographs;

1. Application of the Acts and subordinate statutes of Chapter Three of investigative reports (investigation into storage of seized articles), video CDs;

1. Article 360(1) of the Criminal Act applicable to the crime (a) of the said Act, Article 14(1) (a) of the Act on the Punishment, etc. of Sexual Violence Crimes (a point of taking photographs using carmeras, etc.) and the choice of imprisonment with prison labor for 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive on the facts constituting an offense indicated in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 48(1) of the Criminal Act.

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