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(영문) 부산지방법원 동부지원 2021.01.08 2020고단840

공연음란

Text

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

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to six months of imprisonment with prison labor for an obscene crime at the Busan District Court’s Dong Branch on June 19, 2019 and completed the execution of the sentence at Jinju Prison on December 16, 2019, and was sentenced to four times of the same criminal records.

[2] On March 28, 2020, around 20:25, the Defendant discovered C (the age of 23) seated at the entrance of Busan Shipping Daegu B (the age of 23) and laid down her sexual organ, and then openly obscene act by allowing many, unspecified persons, including C, to view it as her sexual organ boomed with approximately 2-3 minutes.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Written opinions of C, each investigation report (at the time of dispatch, verification of CCTV, etc., and submission of suspect's opinions due to escape);

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment and the current status of personal expropriation;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Determination on the assertion by the Defendant and the defense counsel as to Article 56(1) of the Act on the Protection of Children against Sexual Abuse, Article 59-3(1) of the Welfare of Persons with Disabilities Act, and Article 59-3(1) of the Act on the Welfare of Persons with Disabilities, the Defendant and the defense counsel at the time of the instant case, sent the sex to the Defendant

“Along with the comments of “C,” and leaves the place, and take the sex of obscenity intentionally as described in the facts charged.

He asserts that there is no fact that there is no trace between 2 and 3.

However, the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the shot C reported on the web site as a mobile phone in this court, and the Defendant was found to be shot, and the Defendant was shot away from the place.