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(영문) 서울남부지방법원 2016.11.11 2016고단374

공연음란

Text

A defendant shall be punished by imprisonment for six months.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On December 26, 2015, the Defendant calculated goods purchased at the C convenience store located in Guro-gu Seoul Metropolitan Government on December 26, 2015, and sent out her gender to the victim D (V, 20 years of age) who is a part-time student, the Defendant got out of her gender before the victim D (V, 20 years of age).

2. On December 26, 2015, the Defendant calculated goods purchased at the places specified in paragraph (1) above on December 14:18, 2015, and entered into the sexual organ with his/her hand by taking the sexual organ out with the victim D, in front of the victim D.

3. On December 29, 2015, the Defendant calculated the goods purchased at the places specified in the foregoing Paragraph (1) at around 12:52 on December 29, 2015, and sent out the spawn with the spawn in front of the victim E (V, 20 years of age).

4. On December 31, 2015, the Defendant calculated goods purchased at the places specified in paragraph (1) above on December 31, 2015, and taken the sex organ out with the victim E in front of the victim under paragraph (3).

Accordingly, the Defendant made a patently obscene act over a total of four times.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. E statements;

1. The application of investigation reports (the perusal, reproduction, and attachment of records at the scene of the crime), CCTV editing photographs in the form of a criminal suspect, and CD 1 statute;

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed each of the instant crimes at the same place on April 15, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating the Act on the Punishment, etc. of Sexual Crimes and the Protection of Victims (Indecent Conduct at Open Place) in the Goyang Branch of the Daejeon District Court on April 15, 2009, and on February 4, 2013, the Defendant was sentenced to a fine of three million won for a sexual crime on two occasions or more due to a quasi indecent act committed by force in the Daejeon District Court’s Support on February 4, 2013.