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(영문) 광주지방법원 2014.08.13 2014고단2191

공연음란등

Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On March 30, 2014, the Defendant committed indecent act by compulsion on the part of the Defendant committed indecent act by compulsion on the part of the victim E (the 18-year old-old) by making it difficult for the victim E to use the left buckbucks and tacks in the floor of his hand.

2. Around 08:20 on May 12, 2014, the Defendant, with obscene obscenity, talked that “Saran dial-adial-a-a-a-be” was “h” in the front way of G childcare centers located in the Seo-gu in Gwangju, Seo-gu, and carried out a self-defense act in front and rear of the sexual organ by hand, while viewing “H (12)”.

At around 10:05 on the same day, the Defendant reported I(27 years of age) at the front of the Seo-gu Residents' Center in Seo-gu, Seoul Metropolitan City, 20, the same day, and turned I(27 years of age) back to the front, and she gets back to the front and rear, with the strings of the sexual instruments.

At around 08:20 on May 15, 2014, the Defendant continued to see K (Y, 14 years old), L (n, 14 years old) and 14 years old at the front of the same J building in order to turn back to the front and rear by about 40 meters in accordance with the previous J building.

Accordingly, the Defendant made a patently obscene act three times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the respective Acts and subordinate statutes of I, K and L;

1. Article 298 of the Criminal Act, and Article 245 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 (Mutual Crimes of obscenity with respect to K and L) of the Commercial Concurrent Crimes Act;

1. Selection of each sentence of imprisonment;

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

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

1. Registration of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1)2 and (3), the main sentence of Article 50(1)2 and Article 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be subject to registration;