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(영문) 서울북부지방법원 2017.06.01 2017고단1711

공연음란

Text

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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 26, 2017, the Defendant: (a) discovered “D” in the front of the “D” park located in Seoul Special Metropolitan City, Nowon-gu, where many unspecified people, including Dong-dong residents, walked along the park; and (b) sounded “E” to view the Defendant’s side by making E look at the Defendant’s sexual organ, and then openly obscene act by using the Defendant’s self-defluencing and shaking it by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 245 of the Criminal Act applicable to the facts constituting an offense and Article 245 of the choice of punishment;

1. The sentence identical to the order shall be determined by comprehensively taking into account the circumstances under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime.

- The recognition of the crime and reflectivity - The Defendant was sentenced to the suspension of six months of imprisonment with prison labor on December 15, 2016 and is likely to be subject to criticism during the suspension of execution.