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(영문) 대구지방법원 2019.10.23 2019고단2907

공연음란등

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 Power】 On November 9, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for public performance and one year of suspended execution at the Daegu District Court, and the said judgment became final and conclusive on November 17, 2018.

【Criminal Facts】

1. On April 5, 2019, the Defendant: (a) discovered the victim E (a) who is waiting for pedestrian signal at the crosswalk in the Daegu Northern-gu, Daegu-gu, Daegu-gu; (b) around 18:20 on the street; (c) discovered and stopped the victim E (a) who is waiting for pedestrian signal at the crosswalk; and (d) laid down the victim’s sexual organ in front of C; and (c) laid down the victim’s sexual organ in front of C.

Accordingly, the Defendant publicly committed an obscene act.

2. No person who violates the Automobile Management Act shall cover a registered number plate nor make it illegible, and shall operate such a motor vehicle;

Nevertheless, at around 18:20 on April 5, 2019, the Defendant: (a) opened a number plate in the front of the Daegu Northern District, Daegu Northern District, 1574, by means of sealing the number plate owned by the Defendant with a certified plastic paper paper, which was prepared in advance, for fear of detection of the above crimes; and (b) operated the above Oba in the above 1.2km section from around 18:50 on the same day to the front road located in the Daegu Northern District, Daegu Northern District, the Defendant operated the Oba in the above Oba in the shape of approximately 1.2km.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each report on internal investigation:

1. Each report on investigation;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (Attachment to the same criminal records against a suspect);

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, Article 245 of the Criminal Act, Article 81-1-2 and Article 10 (5) of the Automobile Management Act (the violation of Automobile Management 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. Punishment of sexual assault crimes committed to order;