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(영문) 광주지방법원 2015.04.15 2015고단75
공연음란
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[Criminal Power] On July 24, 2013, the Defendant was sentenced to one year and eight months of imprisonment for public performance and obscenity, etc. at the Gwangju District Court, and completed the execution of the sentence on September 7, 2014.

【Criminal Facts】

On September 14, 2014, at the D convenience store located in Seo-gu, Gwangju, the Defendant laid off E (here, 14 years old), laid down a brupt and laid down a sexual organ, and then openly obscenityd by brushing it by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs;

1. Previous convictions in the judgment: Application of inquiry report about criminal records, etc., one copy of each written judgment, and the current status of personal identification and confinement statutes;

1. Article 245 of the Criminal Act applicable to the crimes;

1. Imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order : The defendant reflects the crime of this case. - The defendant was sentenced to a public performance or obscene crime, etc. and committed the crime of this case only one week after the execution of the sentence was completed by the prison. The defendant appears to have committed the crime of this case. The victim's age is the victim's age, and the victim's damage was not recovered entirely, and the defendant was sentenced to a multiple sentence due to a public performance or obscene crime, etc.

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