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(영문) 인천지방법원 부천지원 2018.09.19 2018고단1878

공연음란

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 1, 2018, around 21:50, the Defendant openly committed an obscene act by putting his body on bench at a bus stop located in Seocheon-si C, with a large number of unspecified people, and inserting his left hand into a place where she passes by a large number of unspecified people.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (a defendant shall be deemed unable to complete program due to a mental disorder);

1. The main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Determination of the same sentence as the order shall be made by comprehensively taking into account the following circumstances and frequency of the crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the criminal defendant’s age, occupation, sex, sex, family relation, living environment, circumstances leading to the crime, etc.

- The Defendant was punished for a sex offense in 2015, but he also went to commit the instant crime of the same kind.

There is a risk of reoffending

The decision is judged.

- As a crime committed by the Defendant, witnesses feel a considerable sense of sexual humiliation, insult, and aversion.

- However, the defendant admits his mistake.

The disabled in the third degree of mental delay, and the family members of the defendant are aware of the defendant's shock behavior and have the defendant receive a separate treatment.

There are many things.