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(영문) 서울서부지방법원 2020.06.24 2020고단1666

공연음란

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On January 9, 2019, the Defendant sentenced the Seoul Central District Court to four months of imprisonment for the crime of indecent act by force, etc. and two months of imprisonment for larceny, and completed the execution of the sentence on July 8, 2019.

On January 31, 2020, at around 05:33, the Defendant discovered C (the 73 years of age) that she saw in the nearby Nowon-gu, Seoul Special Metropolitan City, and around 05:45 on the same day, the Defendant carried out an obscene act openly in a way that the said C was waiting for an elevator by driving away from the first floor of the building in Gwanak-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements prepared in C;

1. On-site reports (the jointCCTV image investigation-suspected broadcast);

1. One CD ( CCTV image of a DNA building);

1. Previous convictions in judgment: Application of criminal records, references to criminal records, the current status of personal confinement, and each investigation report (a repeated offense and confirmation during an appellate trial, and attachment of same electric materials);

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The reason for sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities lies in a criminal record of multiple criminal punishment for the same kind and a crime of obscenity, including a record of serving a sentence of imprisonment for

Nevertheless, since the defendant completed the execution of imprisonment, such as the statement of criminal records, and again committed the crime of this case during the repeated crime period, the defendant has to be sentenced to imprisonment with prison labor.

In addition, the defendant's age, character and conduct, environment, family relationship, family environment, circumstances after the crime, and various sentencing conditions specified in the records and arguments of this case shall be determined as ordered by considering the following factors.