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(영문) 수원지방법원 성남지원 2018.11.09 2018고단2041

공연음란

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 7, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for an obscene crime at the Sungnam support of Suwon Friwon, and completed the execution of the sentence at the Suwon Kwon detention center on November 19, 2017.

On June 1, 2018, around 03:25, the Defendant: (a) changed a number of persons, such as E (W, 17 years old), F (F, 17 years old) between the building of Sungnam-gu Seoul Metropolitan City and D buildings; (b) and (c) f (17 years old); and (d) her flag and her boomed with her fingers.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of the same type of force and the fact of repeated crime), each judgment, and application of Acts and subordinate statutes on the acceptance status of individuals;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The Defendant and his defense counsel asserts to the effect that the Defendant was physically and mentally weak due to mental illness, behavioral disorder exposure, etc. by alcohol at the time of committing the instant crime.

However, in full view of all the circumstances such as the circumstances leading up to the instant crime, the details and attitudes of the instant crime, and the Defendant’s conduct before and after the instant crime, the Defendant had weak ability to discern things or make decisions at the time of the instant crime.

It does not seem that it does not appear.

Therefore, this part of the argument is not accepted.

The reason for sentencing shows the attitude of the defendant to confession and reflect the crime of this case, and the family members of the defendant expressed their intent to help the defendant with a high interest and treatment, etc. shall be considered positively in favor of the defendant.

However, there are two different kinds of criminal records for the accused, and in particular, the number of criminal records for the same kind of criminal records has been sentenced.