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집행유예
(영문) 춘천지방법원 2018.1.25.선고 2017고단1042 판결

공연음란

Cases

2017 Highest 1042 Public performance obscenity

Defendant

A,

Prosecutor

Yang rupture (prosecution), charge, or public trial

Defense Counsel

Attorney B (Korean Office)

Imposition of Judgment

January 25, 2018

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

To order the defendant to be put on probation and to take lectures for sexual assault treatment for 40 hours.

Reasons

Criminal facts

On July 7, 2017, around 04:30 on July 7, 2017, the Defendant: (a) taken the place around D, which was located in Chuncheon City, in front of D, with the seated outside chairss, and (b) exposed to the sex and self-defense of them.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. E statements;

1. Report on the occurrence of the case, on-site photographs, investigation reports (Attachment to 112 Reporting Report List), and on-site photographs;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 245 of the Criminal Code, Selection of Imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Orders for probation and education;

Article 62-2 of the Criminal Act; Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Reasons for sentencing

On July 13, 2017, with regard to the transmission of his sexual photograph to another person even on April 26, 2017, prior to the instant crime, the Defendant received a summary order of KRW 2 million as a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity in telecommunication), and committed the instant crime again even though he was suspended from indictment of obscene prisoners in 2010, taking account of the fact that the Defendant committed the instant crime, there is a need to suspend the execution of imprisonment to prevent recidivism in the future, but order him to attend the sexual assault therapy.

In addition to these circumstances, the sentencing conditions shown in the records and arguments, such as the character and conduct, the environment, the circumstances after the crime, and the circumstances after the crime, shall be determined as ordered.

Judges

Constitution of the Republic of Korea