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(영문) 의정부지방법원 고양지원 2016.05.26 2016고단485

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 February 24, 2016, the Defendant was waiting for male-child ties near the Dong-gu D Building in Ilyang-gu and around 00:55 on February 24, 2016.

E (n, 18 years of age) was discovered, flaged by her inner part, and scambling by her part, and scambling with her part, and self-defense was committed.

This was reported by the Ftel, E entered the 1st floor of the above Ftel with the escapeer, E, followed by the above Ftel, and then viewed E through a glass door, and rewing the stringer, and self-defabing the stringer with the hands of the stringer.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. A written self-written statement of E;

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act and Article 245 of the Criminal Act concerning the crime. Article 245 (Selection of Punishment of Imprisonment);

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

1. The scope of punishment by law: Imprisonment with prison labor for not more than one year;

2. Whether or not to apply the sentencing criteria: Offenses for which the sentencing criteria are not set small and the sentencing criteria are not set.

3. Eight months, etc. of imprisonment with prison labor (the defendant was sentenced to one year of a suspended sentence for six months on October 2, 2015 due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct in Public Place) on the Punishment, etc. of Sexual Crimes and the judgment becomes final and conclusive on October 13, 2015; and considering the criminal records and relation of the defendant, such as the fact that he/she is currently under suspended sentence as a crime during the suspended sentence period, the circumstances at the time of the crime, such as the background of the crime,