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(영문) 서울중앙지방법원 2020.12.17 2020고단5202

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

【Criminal Power】 On November 27, 2019, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for an obscene crime at the Seoul Western District Court on June 27, 201, and the judgment became final and conclusive on December 5 of the same year, and is currently under suspended sentence.

【Criminal Facts】 On April 18, 2020, around the first floor of Jongno-gu Seoul Metropolitan Government Jongno-gu B apartment, the Defendant was aware of the wall surface of the place of the commercial building in favor of the Defendant, and was exposed to the outside of the Defendant’s sexual organ while being aware of the fact that the inside of the commercial building could witness the Defendant’s act, and was openly obscene.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report by the police on C on the statement of the suspect (in the case of investigation including the place of crime related to the suspect statement);

1. Two photographs, CD2, maps, pictures of the occurrence of the case, the defendant's photograph and CD taken by the witness;

1. Previous convictions in judgment: Application of the Act and subordinate statutes of the date criminal records and judgment becomes final;

1. Article 245 of the Criminal Act applicable to the crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is that the defendant denies the crime in an investigative agency, and the defendant is fully aware of and against the crime in this court, and that the victim agreed with the victim after the indictment and the victim did not want the punishment

On the other hand, however, the defendant is punished as a fine twice for the same crime, and has the record of being sentenced to imprisonment once, and this case was committed during the period of the suspension of execution, and it is not appropriate to commit a crime that the defendant saw the inside of the commercial building in front of the first floor of the apartment complex as openly obscene act outside of the sexual organ.

The defendant's age, character and behavior, and other circumstances.