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(영문) 대전지방법원 천안지원 2019.08.30 2019고단468
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 a sexual assault treatment program for 100 hours.

Reasons

Punishment of the crime

[Criminal Power] On September 1, 2017, the Defendant was sentenced to 7 months of imprisonment with prison labor for public performance and obscenity in the Daejeon District Court’s Support, and the Defendant completed the execution of the sentence on January 12, 2018.

【Criminal Facts】

1. From June 14, 2018 to June 22, 2018, the Defendant committed an obscene act openly in a way that, between around 21:30 to 22:00, the Defendant opened a tent in front of the river basin located in 239, Yannam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, with passengers, and opened the back seat with the passengers such as C and opened a brupter on the back seat with their hands and scrush the sexual instruments.

2. From June 19, 2018 to June 22, 2018, the Defendant committed an obscene act openly in a manner that, between around 21:30 on June 19, 2018, the Defendant: (a) had been driving along the south long-distance in front of the Southern-dong, Chungcheongnam-gu, Yandong-gu; (b) had passengers, such as B and C, seated on the back seat, opened a string to the back seat; and (c) carried out self-defense by hand.

3. Around November 1, 2018, the Defendant committed an obscene act openly in a manner that, around 20:00 on November 1, 2018, the Defendant opened a e-cafeteria in front of the E-cafeteria located in Dong-gu, Chungcheongnam-gu, Yancheon-gu, in the presence of passengers, such as B city bus, F, etc., and opened a brogate on the back seat and scams off the sexual flag by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F and C, respectively;

1. On-site photographs (the form of a crime committed by the suspect taken by a reference witness), on-site photographs (the photographs, etc. taken by a reference witness);

1. Previous records: Application of criminal records, etc., inquiry reports and results of the search of prisoners (period of repeated crime of a suspect);

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

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

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. An order to restrict employment;

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