logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2017.02.08 2016고단1215
절도등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is in a relationship with the victim C, and is a relationship with the victim around July 2015.

1. A thief: (a) around August 2015, the Defendant: (b) committed theft with approximately 50 clothes, thiefs, and knick photographs, which are the victim’s possession in the house; (c) around August 2015, the Defendant committed theft with the victim’s clothes, thiefs, and knick photographs.

2. Around March 3, 2016, the Defendant sent obscene videos of a capacity of 18.63MB, which contains the form of sexual intercourse with the victim’s portable phone, using a cell phone FM app, in the Defendant’s residence, around 19:24, around March 3, 2016, and from that time until March 18, 2016, from that time, the Defendant sent obscene videos of 11 times in total, as described in the list of crimes, in the same manner.

As above, Defendant sent to the victim images that may cause sexual humiliation or aversion through communications media with a view to inducing or satisfying his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of C prepared by the police on May 12, 2016;

1. Application of the text message statutes sent by the defendant to the victim;

1. Article 329 of the Criminal Act (a point of view in Section) and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, comprehensively, concerning facts constituting an offense (a point of obscenity using communications media);

1. Selection of each selective fine for punishment (the fact that one's mistake is recognized and reflected, the fact that there is no record other than once a fine is imposed, and the circumstances leading to the instant crime, etc.);

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

arrow