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(영문) 서울중앙지방법원 2019.08.23 2019고단3660
공연음란
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

On January 28, 2019, at around 19:55, the Defendant left the subway AF platform located in Gwanak-gu, Seoul Special Metropolitan City, with the intent of getting up from the subway 2, and went up to the subway platform, and got up to the platform 8-2, the Defendant opened a bridge to put up passengers, such as AG (n, 32 years of age), who was in the electric train during the stop, and opened a bridge to put up for an obscene act by exposing sexual instruments.

Summary of Evidence

1. Each written statement of AH, AG, and F;

1. AF CCTV video data [the defendant claimed that he was walking the AF platform at the time of the instant case and did not disclose his sexual organ to the passengers on the front platform while stopping. However, according to the witness AG, F's respective statements, AH's statements discovered at the site of the defendant, and on-site CCTV images, etc., as stated in the facts constituting a crime in the judgment of the defendant, it is sufficiently recognized that the defendant was exposed by opening a bridge to the passengers, such as AG, etc., who were in the front platform while getting out of the AF platform and getting out of the 8-2 platform while getting out of the 8-2 platform, as described in the facts constituting a crime in the judgment of the defendant], and the application of the law applies to the law

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. The most favorable circumstance is that the Defendant’s reasons for sentencing under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities short of the time during which

However, in light of the fact that the Defendant had been punished by a fine of five million won on August 9, 2017 due to a public performance and had been submitted to the trial for the commission of a public performance and obscene crime, and that the Defendant committed a crime of obscenity, and that the Defendant is consistent with the attitude of evading liability from the investigative agency to the court.

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