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(영문) 대전지방법원 2013.5.29.선고 2012고단3390 판결

2012고단3390공연음란·(병합)

Cases

2012 Highest 3390 Public performance obscenity

2013 order 1553 (Consolidation)

Defendant

Jeon○○ (64****************)*) and daily labor.

Daejeon: Not more than the legal Dong-dong of the Daejeon Daejeon

6. Omission below the Macong-dong, Chungcheong-gun in the place of registration

Prosecutor

Freeboard Kim, Kim Yong-deok (each indictment) and Lee Jong-chul (Trial)

Defense Counsel

Attorney Jeon-Un, (Korean Charter)

Imposition of Judgment

May 29, 2013

Text

A defendant shall be punished by imprisonment for not less than six months.

An order the accused to take a lecture for sexual assault treatment for 40 hours.

Reasons

Criminal facts

1. Criminal records;

On October 13, 2011, the Defendant was sentenced to four months of imprisonment with prison labor for public performance and obscenity in the Daejeon District Court on December 30, 201, and completed the execution of the sentence in the Daejeon Prison on December 30, 201.

2. Criminal facts;

[2012 Highest 3390]

On September 5, 2012, at around 30:30, the Defendant made a public obscene act in a park near the Daejeon High Village 1 Complex of Taedong-gu Daejeon, Daejeon, by a method of cutting down a bomb and bruing a sexual organ into his hand, while many and unspecified people who are unable to know the sexual name.

[2013 Highest 1553]

On August 17, 2012, at around 20: 26, the Defendant carried out a public obscene act by putting down a trokeer in front of the 'Woojud', which is located in the law Dong of Daejeon Daejeon, in front of the 'Wood', and exposing out of the sexual organ and exposing it to the outside.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control;

1. A report of investigation (in general);

1. Previous records: A inquiry report, such as criminal records, an investigation report (Attachment to a copy of a written judgment), personal identification/acceptance of each person;

Current status

Application of Statutes

1. Relevant Articles of criminal facts;

Article 245 of the Criminal Code

1. Selection of penalty;

Each Imprisonment Selection

1. Aggravation for repeated crimes;

Article 35 of the Criminal Code

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Crimes No. 5, Sept. 5, 2012)

(i) the penalty prescribed in the crime of obscenity of public performance;

1. Order to attend lectures;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Reasons for sentencing

Although the defendant was sentenced to a fine and imprisonment for the same crime, he/she committed the crime of this case again during the period of repeated crime; on the other hand, he/she has no criminal record of different types of crimes; he/she is in profoundly against the defendant; other circumstances such as the defendant's age, character and conduct, environment, circumstances of the crime, means and results of the crime; and the conditions of sentencing specified in the arguments of this case, such as the circumstances before and after the crime, shall be determined as the order for the defendant.

Judges

Judges Kim Sung-sung