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(영문) 대전지방법원 2017.08.17 2017고단2416
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 4, 2017, the Defendant made a public performance and obscene act of openly obscenity by exposing her sexual organ to a large number of unspecified persons, who had been going to the said her workplace D and the said her workplace, among around 10:52-10:56, in the Seo-gu Daejeon, Seo-gu, Daejeon, and in front of the said her workplace.

2. On May 14, 2017, the Defendant invadedd a structure by entering the victim’s 302 premises via the entrance door opened without the victim’s consent, when the victim Furged in Seo-gu Daejeon, Seo-gu, Daejeon.

3. On May 14, 2017, the Defendant: (a) thiefed the victim’s name in the Seo-gu Daejeon, Seo-gu, Daejeon; (b) 1 Byung at his own expense, who had been in the display stand, had 1,300 won of the victim’s market price in the display stand; and (c) stolen the victim’s name with 1300 won of the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by the D and J;

1. The application of Acts and subordinate statutes to the scene of a crime, CCTV closure photographs, ctv closure photographs, each of the 112-report processing records, each of the ctv closure photographs, investigation reports (Gel employee telephone statement hearing reports), investigation reports (I Ect CV video recording analysis and appendix cd).

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime (the point of obscenity) and Article 245 of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion upon a structure), Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

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. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances as the grounds for sentencing under Article 62-2 of the Criminal Act, Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

The unfavorable circumstances: the circumstances and details of each of the crimes in this case.

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