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(영문) 인천지방법원 부천지원 2018.10.22 2018고단1877

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 record] On December 15, 2017, the Defendant was sentenced to 10 months of imprisonment with prison labor for obscenity, etc. at the Seoul Southern District Court on December 15, 2017 and completed the execution of the sentence at the Seoul Southern District Court on June 20, 2018.

[2] On July 5, 2018, the Defendant: (a) 13:25 on July 5, 2018, and around 13:25, and around 13:25, a large number of village residents were frightened in D parks located in Seocheon-si C, and carried out a shower with the entire water fright and clothes located at the center of a park, and openly obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification of photographic data and the department related to the reported case;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (report on confirmation of the period of repeated crime period), and the current status of personal expropriation;

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances and frequency of the crime for sentencing under Articles 56(1) main sentence and 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the age, occupation, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, etc.

- The Defendant was punished several times for the same kind of crime, and the same type of crime was committed.

A cleaning agent who has no place to commit the crime;

I will continue to commit a crime because I want to resolve the food, clothing and shelter by being confined in the detention house.

Therefore, it seems clear to repeat the crime.

- Many witnesses, as a crime committed by the Defendant, have caused a considerable sense of sexual humiliation, insult, and aversion, and suffered mental impulses.

- However, the defendant admits his mistake.

There is a mental problem, such as early illness, and it is affected by the crime.