beta
(영문) 청주지방법원 2021.01.28 2020고단1625

공연음란

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] The Defendant, around 08:20 on July 1, 2020, 2020, 1625, Cheongju-si, sent Babs and clothes on the front of the C high school located in Cheongju-si B to the buckbucks, and made a publicly obscene act for about 10 minutes of his sexual organ by using bucks and sucks.

On August 14, 2020, the Defendant: (a) around early 08:00, around early 2020, around 08:00, on the front day of the Cheongju-gu D apartment to the F middle school located in Heung-gu, Jung-gu; (b) on the front day of the Cheongju-gu, Seo-gu, Seo-gu, Seoul, and (c) on the front day, went to work for bicycles and let many unspecified people look at the same sex organ; and (d) from that time, up to August 14, 2020, the Defendant publicly made an obscene act eight times in total, as shown in the daily list of crimes.

Summary of Evidence

[200 Highest 1625]

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. 112 Report on the handling of the case at issue, investigation report (on-site weather expenses), [20 order 2164] The application of statutes to the defendant's legal statement to the defendant, photographic investigation report of the police's statement protocol G of the interrogation of the suspect (in relation to witness) to the defendant's legal statement

1. Article 245 of the Criminal Act and Article 245 of the Criminal Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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 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 had been punished several times due to the same crime, etc., and, in particular, repeated crimes were committed several times even during the repeated crime period.

However, in addition to the psychological treatment of the protective observation office, active prevention of recidivism such as the defendant's recognition and reflection of all crimes, and the defendant's wife's efforts to rehabilitation.