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(영문) 서울서부지방법원 2017.02.08 2016고단2315

공연음란

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2016 Highest 2315] around 12:50 on July 6, 2016, the Defendant publicly obscenity committed an obscene act by entering into a state in which many and unspecified people, such as E (n) going behind the latter part of D elementary school located in Eunpyeong-gu Seoul Metropolitan Government, and taking the sexual organ into his/her hand and self-defense.

【2016 Highest 2361 [Defendant] around 16:30 on July 27, 2016, the Defendant openly committed obscene acts, including: (a) unloading from a parking lot adjacent to a road where many unspecified people pass in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) taking the sexual flag as his/her hand and scambling it.

【2016 Highest 3158 [Defendant] around September 26, 2016, at around 21:45, the Defendant viewed the wall while coming to and going from the Guro-gu Seoul Metropolitan Government Ga Underground Road, and publicly obscenity and panty up to the lower part of the knit, and shade the sm with the knit’s hand, thereby openly obscenity.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute of the E, H and I written statements;

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

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

1. Even though the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed on two occasions due to the same type of crime, the offender committed each of the instant crimes on three occasions in a relatively short period of time, and the offender committed each of the instant crimes on three occasions is sentenced to imprisonment with prison labor for not more than six months.