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(영문) 수원지방법원 2020.09.24 2020고단4069
공연음란
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 14, 2020, at around 07:35, the Defendant: (a) reported D(the age of 60) that takes up a park in front of the C Park in Suwon-si, Suwon-si; (b) laid the sexual organ into his hand with his hand; and (c) committed a openly obscene act by reporting that a woman, who was unable to know the name of the Sinwon-si E, away from approximately 100 meters before the building in the above park, taken out his sexual organ in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes concerning the closure of field CCTV images;

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. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reason for sentencing on the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso of Article 59-3(1) of the Act on Welfare of Persons with Disabilities (in full view of the Defendant’s age, family environment and social ties, records of crimes, details and motive of crimes, methods of committing crimes, the risk of recidivism, the risk of recidivism due to the employment restriction order, the disadvantage suffered by the Defendant and the effectiveness of preventing sex crimes that may be achieved therefrom, etc., it is deemed that there are special circumstances where the employment of the Defendant would not be restricted) did not appear to have been opened despite the same kind

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in pleadings, such as the fact that the defendant has recognized a mistake in all, and the prevention of recidivism through treatment is conducted.

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