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Reasons
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(영문) 청주지방법원 2015.08.28 2015고단429
특수절도등
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The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

1. A special larceny Defendant, along with C, D, E, etc. on January 24, 2013, took place at the 903 underground parking lots located in the Heung-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, with a total of KRW 1.60,00 won of the market price, which is the victim’s possession and was in custody.

Accordingly, the defendant stolen the victim's property together with C, D, E, etc.

2. Around 13:59 on July 14, 2013, the Defendant reached a warning that causes sexual humiliation or aversion by using the Defendant’s cell phone’s “Plastic Stockholm” and “Kakakakakao Stockholm” as the mobile phone of the victim I (the age of 17 at that time) using the Defendant’s cell phone for the purpose of inducing or meeting the sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the prosecutor's protocol of examination of the defendant

1. Copies of each police interrogation protocol against C, E, or D;

1. Statement of the police officer to I;

1. A statement prepared by the F;

1. Details of text messages and application of CCTV photographs-related Acts and subordinate statutes;

1. Article 331 (2) and (1) of the Criminal Act applicable to the crime; Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Selection of imprisonment with prison labor (or any obscenity using communications media) with the option of a sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Six months of imprisonment to be suspended;

1. The lower limit is the concurrent crimes of the former part of Article 37 of the Criminal Act with the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) and the former part of Article 37 of the Criminal Act, on which no sentencing guidelines are set by the Sentencing Committee for the reasons of sentencing under Article 59(1) of the Criminal Act.

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