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(영문) 수원지방법원 안양지원 2020.05.29 2019고단2707

공연음란

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 14:40 on December 7, 2019, the Defendant publicly obscenityly committed an obscene act by revealing a victim D (a name, leisure, 43 years old), E (a name, leisure, 8 years old), and a large number of unspecified people, parked in front of the “C Hospital,” which is located in B, and passing to the road at a space between a vehicle and a hulled rice hushes, located in front of the “C Hospital,” which is located in B, by revealing his sexual organ.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police in relation to D (tentative name) and E (tentative name);

1. Application of the CD-related Acts and subordinate statutes to a criminal investigation report (video, etc. used during the interrogation of suspects);

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

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

1. Determination as to the assertion of Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), 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, and

1. The summary of the defendant's and his defense counsel's assertion is the elderly of 81 years of age, and the defendant did not attend the needs with a pre-sponsor, and the defendant did not engage in a performance or obscenity act on the street.

2. The judgment is based on the evidence duly adopted and investigated by this court, i.e., ① the Defendant, even though she was fright behind a truck, left her sexual organ in the direction that people, including the victim, can see even if she could see her from the wall to the wall so that people can see it, ② the Defendant has already been punished several times by the same veterinary method, ② the Defendant did not make efforts separately to avoid misunderstanding or punishment, ③ the Defendant’s first crime of obscenity was 66 years old since 2005 if her first crime of obscenity was committed by the Defendant.