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(영문) 서울북부지방법원 2017.03.09 2016고단5816
절도등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On October 29, 2016, at around 02:50 on October 29, 2016, the Defendant: (a) discovered a bridge for female female use in the victim’s front e-mail in Gangnam-gu Seoul, for the victim’s MaOL women’s marb, where the victim F was placed on the victim’s mOL table by making use of the gap in which the rest in which the victim F would be able to mislead female use the toilets; (b) Qing male use; and (c) found the victim’s marbl 3 handphone, 6 credit card marl, and other malicious margs, which are the victim’s market price in the victim’s possession; and (d) stolen it by inserting it on his own bank.

2. On October 29, 2016, around 04:04, the Defendant made a public performance show that he was engaged in an obscene act by openly showing that he was a member of his sexual organ after taking out his sexual organ in front of the “H restaurant” in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, and two other witnesses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A written statement;

1. Data on pictures of thiefs;

1. Application of Acts and subordinate statutes 16 to 16 copies of the CCTV photographs to capture data;

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act (the point of theft), Article 245 of the Criminal Act (the point of obscenity) and the choice of imprisonment with prison labor, respectively;

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. Standards for sentencing reasons under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

(a) The basic area of theft [the scope of recommended punishment] the basic area of theft against general property (the theft including abandoned water, etc.) (4 months to 8 months);

(b) Public performance and obscenity: The same sentence as the order shall be determined by comprehensively taking into account the following conditions under which the sentence of a crime for which no sentencing guidelines is set is sentencing, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before

- Recognition of the crime and reflect - The fact that there was three times of fines for obscenity and one time of suspended sentence, each of the instant crimes is likely to be subject to criticism due to the crime during the period of suspended execution due to obscenity.

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