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(영문) 서울서부지방법원 2021.01.27 2020고단2961

공연음란

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 14:00 on March 7, 2020, the Defendant openly imprisoned the 2020 upper end 2961 by getting out of being seated in the Seoul Mapo-gu Seoul Mapo-gu Art Gallery 2'C's 'C' art gallery, and by getting out of her sexual organ with her hand and committing self-defense.

around 12:58 on September 13, 2020, the Defendant openly committed an obscene act by openly citing “E” in front of “E” located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, by using F and two others to knee and panty to kne and knee and by using knee and kne to kne.

Summary of Evidence

"200 Highest 2961"

1. Statement by the defendant in court;

1. Investigation report on the G Preparation (CCTV image analysis) 2020 upperest 3273;

1. Statement by the defendant in court;

1. Police statements prepared in F;

1. Application of the Acts and subordinate statutes to report on investigation (the attachment of photographs to suspects and crimes);

1. Relevant Article 245 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with the punishment specified in the crime of obscenity held by a person on September 13, 2020, with heavier punishment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to attend lectures and the protection and observation;

1. The reasons for sentencing of Article 56(1) main sentence of the Act on the Protection of Juveniles against Sexual Abuse and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities are as follows: (a) the Defendant, on July 26, 2016, was sentenced to the suspension of indictment for an obscene crime at the Gyeyang branch office in the Suwon District Prosecutors’ Office, and on December 12, 2019, was sentenced to a fine of KRW 1.5 million at the Seoul Central District Court.

Even so, in light of the type of crime committed by the defendant repeatedly and the attitude of the crime, the nature of the crime is not good.

However, it seems that the defendant appears that he/she is able to reflect on the confession of the crime, and the defendant has intellectual disability and self-defeit disorder, etc., and it seems to have somewhat affected each crime in its decision.