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(영문) 대전지방법원 2020.10.15 2020고단2862
공연음란
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On December 14, 2019, at around 21:45, the Defendant openly committed an obscene act, such as setting up a sexual organ and brupting a sexual organ, in the first and second floors located in H in Gwangjin-gu, Seoul, the Defendant, among many customers, was seated on the side of the victim J (the age of 30), and was seated on the side of the victim J (the age of 30).

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to J police officers;

1. Photographss of the J, card receipts settled by suspects, and I CCTV images;

1. The application of Acts and subordinate statutes to report generation (public performance and obscenity), internal investigation report (CCTV image analysis), internal investigation report (information on CCTV image analysis), investigation report (information on search and inspection warrant and diving investigation), investigation report (information on locked investigation), investigation report (information on search and inspection warrant), criminal investigation report (information on tracking investigation), criminal investigation report (information on tracking investigation), investigation report (information on suspect's identity), investigation report (information on suspect's identity), investigation report (information on suspect's identity), investigation report (information on suspect's identity) and investigation report (information on suspect's appearance at the time of interrogation);

1. Article 245 of the Criminal Act applicable to the crimes and Article 245 of the Election 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 reason for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3(1) of the Act on Welfare of Disabled Persons is not good for committing any obscene act openly by the Defendant by cutting his/her sexual organ in a camera or her brupting it.

Although the defendant was punished three times for the same crime of public performance or imprisonment with prison labor, he/she also committed the crime of this case during the suspension period of the execution of the same crime, the possibility of criticism is high, and the risk of recidivism is high.

The J seems to have been faced with a considerable mental impulse due to the defendant's crime.

Nevertheless, the defendant committed the crime in the police investigation.

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