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(영문) 광주지방법원 2020.05.13 2019고단4085

공연음란

Text

The punishment of the accused shall be determined by four months of imprisonment.

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

Reasons

Punishment of the crime

[Criminal Power] On July 5, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of intrusion upon a structure at the Gwangju District Court, and completed the execution of the sentence in the Net Prison on May 8, 2018.

【Criminal Facts】

On August 29, 2019, at around 16:30, the Defendant laid down his sexual organ at the bus stops in front of Gwangju Mine-gu, and laid down his sexual organ in front of the city bus stops in C, including D (Inn, 19 years of age), and committed a openly obscene act.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (to hear statements in E or D telephone);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as investigation reports, confirmation of repeated records, etc., one copy of the accommodation status of each individual, criminal records, etc.;

1. Article 245 of the Criminal Act applicable to the crimes and Article 245 of the Election 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 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 is a crime committed during the period of repeated crime for the reason of sentencing, the fact that the defendant has been punished due to sex offense, the defendant shows the mental illness, such as impulse disorder, etc., the mental retardation symptoms of the defendant, and other various conditions of sentencing indicated in the records, such as the character and conduct, family relationship, and circumstances before and after the crime, shall be determined in comprehensive consideration