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(영문) 대구지방법원서부지원 2020.10.07 2020고단984

공연음란

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 2, 2020, the Defendant committed an act of self-defensing the Defendant’s sexual organ with his hand by discovering that the victim B (the victim 22 years old) walked toward the Defendant at the place of the public performance of the victim B, discovered that the victim B (the victim 22 years old) fell from the Defendant’s forest path behind the building of the “Dcafeteria” located in Daegu-gu, Daegu-gu, Daegu-gu, Seoul, and doing so.

Accordingly, the Defendant publicly committed an obscene act.

2. Around 21:00 on March 18, 2020, the Defendant committed an act of self-defeasing the Defendant’s sexual organ by hand while the victim E (the age of 22) who was concealed from the wooden behind the building located on the right side of the west-gu, Daegu-gu, Daegu-gu, in a forest route behind the forest path. On March 18, 202, the Defendant was committing an act of self-defasing the Defendant’s sexual organ by provokinging the Defendant’s sexual organ near the Defendant’s direction and cutting the Defendant’s sexual organ.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Each internal investigation report (Evidence Nos. 2, 3, 10, 11, 13, 14, 19, 20, 21) and each investigation report (Evidence No. 22, 23);

1. Application of Acts and subordinate statutes to a detailed statement of 112 reported cases settlement;

1. Article 245 of the Criminal Act and the choice of punishment for the crime, Article 245 of the Criminal Act and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) of the Act on Welfare of Persons with Disabilities have the record of being sentenced to the suspension of indictment in 2017 due to obscene performance and the punishment of a fine in 2018.

Nevertheless, the Defendant committed each of the instant crimes over two occasions between the 16th day and the 16th day, and each of the instant crimes is almost the same as the place and method of the crime.

The victims are very likely to commit these crimes.