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(영문) 대전지방법원 2020.10.30 2020고단3345
공연음란
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 11, 2019, the Defendant committed an obscene act, such as publicly obscenity, on November 201, 2019, the victim D (the age of 59) who was seated and laid down in the event near the said apartment Cdong and went through the act of self-defense in the Seo-gu Daejeon apartment on November 11, 2019.

2. The Defendant committed an obscene act on February 12, 2020: (a) around 20:02 on February 12, 202, on the second floor of the Seo-gu Daejeon building, Seo-gu, Seo-gu, Daejeon: (b) laid the sexual organ before the victim F (V, 44 years of age) who cleaned the place; and (c) laid the sexual organ before the victim F (F).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement in F and D;

1. Application of Acts and subordinate statutes to each report on occurrence (public performance and obscenity), 112 case processing records, each investigation report, each gene appraisal report, and 112 reported case processing records;

1. Relevant Article 245 of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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

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

1. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and Article 2 of the Addenda to the same Act (Act No. 15904, Dec. 11, 2018) of the Act on the Punishment of Sexual Crimes, the punishment of a fine of three million won due to indecent act by force in 2008 was imposed, and the above judgment was sentenced to one year of suspended sentence for April on June 13, 2019, and became final and conclusive on the 21st of the same month. In addition, during the suspended sentence period, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime are considered.

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