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(영문) 청주지방법원 2020.03.27 2020고합20

공연음란

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal record] On August 7, 2018, the defendant and the candidate for medical treatment and custody (hereinafter "defendants") were sentenced to imprisonment with prison labor for eight months for public performance and obscene crimes, etc. at the Seoul Central District Court and one month for violation of the Act on the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) and completed the execution of the sentence on August 17, 2019.

【Criminal Facts】

At around 14:30 on August 28, 2019, the Defendant, within the bus operated to the Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gu, Jincheon-gun, as well as the Defendant, opened a flag of the Defendant and laid the shot flag, and committed an obscene act openly by using a scambling the sexual flag, etc., while the Defendant was seated on the middle right side of the bus in the vicinity of Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. 12Report sheet, and public performance and obscene photographs of the suspect taken by the victim;

1. Previous records: Application of criminal records, investigation reports (verification of the period of repeated crime of a suspect and attachment of the same kind of power);

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The defendant and his/her defense counsel on the assertion of the defendant and his/her defense counsel under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, claiming that the punishment should be mitigated since the defendant committed the crime in a state of mental disorder where the defendant suffered from exposure, emul

According to the evidence duly adopted and examined by this court, the fact that the defendant received medical treatment after being diagnosed with the depression and the emotional personality disorder at Suwon-si Hospital from February 2, 2005 to June 2018 is the fact that the defendant received medical treatment.