208Gohap477 Violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (throughout)

Use of a new medium, theft

A (70 years old, South) Labor,

Jin-sicking

Attorney Shin So-young (National Election)

September 12, 2008

A defendant shall be punished by imprisonment with prison labor for not more than ten months. 67 days of detention before the sentence is made shall be included in the above sentence: Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final

Criminal History Office

1. The point of larceny;

On July 6, 2008, the Defendant discovered that the victim V (the age of 24) was set up a mobile phone near the head of the city and cut off the above mobile phone amounting to KRW 170,000.

2. A point of obscenity using communications media;

As above, the Defendant found that V and V2 of the stolen victim V mobile phones were stored in their cell phones with their body pictures. From around 09:51 on the same day, V2 demanded the Defendant to return the cell phone by leaving the phone, and the Defendant “the Defendant was fluored with a large number of fluors in mobile phones,” and “the thickness of one short time on the Internet”. At around 11:30 on the following day, the Defendant 7th of the same month, at around 11:30, 52, 52 “I am the phone so that V2 returned the cell phone, and “I am the victim’s sexual organ taken out on the Internet.” On the other hand, the Defendant committed an act of taking the victim’s sexual organ taken out using the aforementioned mobile phone to meet the victim’s sexual humiliation with the aim of causing the victim to feel a sense of aversion and a sense of aversion. The Defendant made the victim feel the victim’s sexual humiliation.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 14 of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (obscenity and Selection of Imprisonment), Article 329 of the Criminal Act (Larceny and Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 (only to the extent that the punishment is aggregated with the long-term punishment of two crimes) of the Criminal Act provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 (only to the extent that the punishment is more severe)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Suspension of execution;

The reason for sentencing of Article 62(1) of the Criminal Act 1. The crime of this case was committed on the ground that the defendant stolen the victim V's mobile phones, and furthermore, it reached the victim and his male-child body pictures, etc. stored in the cell phone for the purpose of meeting his own sexual desire, which may cause sexual humiliation and aversion to the above victims, and thus, the nature of the crime and the criminal situation are not easy. The victims are likely to cause a considerable apprehension. Nevertheless, the defendant did not reach an agreement with the victims, such as receiving a letter.

2. However, considering special favorable circumstances in determining the punishment, such as the fact that the defendant committed all the instant crime and misunderstanding his mistake depth, and the fact that the stolen damaged goods have already been returned to the victim, etc.

3. The defendant shall be sentenced to the punishment as ordered for the crime of this case by comprehensively taking into account the defendant's age, character and conduct, family environment, motive for the crime, means and result thereof, and circumstances after the crime of this case.

Chief Judge, Senior Judge and Senior Judge

Judges Kim Gin-ok

Judge No. Doingk