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(영문) 부산지방법원 2018.12.07 2018고단4555

공연음란

Text

1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

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

Reasons

Punishment of the crime

1. On September 3, 2014, the Defendant was sentenced to a suspended sentence of ten months for an obscene crime in the branch of the Busan District Court’s Dong branch, and was sentenced to a suspended sentence of ten months on July 21, 2016 for the same crime at the Busan District Court’s Busan District Court, and completed the execution of the said suspended sentence finally on September 29, 2017.

2. Criminal facts;

A. On September 11, 2018, the Defendant passed on the street in front of the “D” located in Busan Coastal System C around September 2018.

E (n, 27 years old) E (n, n.e., breath of breath and math of their sexual organs

The act of self-defense by hand was committed in a manner that scams and scams, and made a patent obscene act.

B. On the same day 21:10, the Defendant passed at the event in front of the exit port No. 3 of the subway station G, No. 8 of the subway station G, which is located in Busan B, Busan.

While H(n, 42 years of age) complies with the foregoing, the act of self-defense was publicly conducted in such a way as above.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

(b) Statement made by the police with H;

(c) Each 112 Report handling statement;

(d) closed circuit television (CCTV) image stored in a CD (hereinafter referred to as “CCTV”);

(e) A report on investigation by the prosecution (to hear statements by witnesses of 112 reporting);

2. The records of the offense;

(a) a response to inquiries;

B. Application of the prosecution investigation report (the confirmation of the expiration of the term of punishment) statute

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting a crime;

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

3. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes as provided for in paragraph (2) of the same Article, which is heavier than punishment).

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

5. Grounds for sentencing in the main sentence of Article 56 (1) of the Act on the Protection of Children against Sexual Abuse.

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. The sentencing criteria are not set for each of the crimes in this case, for which the sentencing criteria are not set.

(e).