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(영문) 광주지방법원 2020.04.22 2019고단5493
공연음란
Text

The punishment of the accused shall be determined by six months of imprisonment.

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

Reasons

Punishment of the crime

[Criminal Power] On November 26, 2015, the Defendant was sentenced to two years of imprisonment with prison labor in the Gwangju District Court due to night residence intrusion theft, etc. on September 30, 2017, and completed the execution of the sentence in a wooden prison.

【Criminal Facts】

On November 28, 2019, at around 17:00, the Defendant laid down the stairs of the victim C (n, 15 years of age), the victim D (n, 15 years of age) and the victim D (n, 15 years of age) in the mining area Dong-gu B, Dong-gu, 2019, and used the victim's sexual organ to conduct an obscene act openly after the victim's sexual organ was taken out.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Previous records: Application of one copy of Acts and subordinate statutes to investigation reports (verification of the history of repeated crime of a suspect), judgment, summary information of a case, and personal confinement status;

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

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

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

1. 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 Welfare of Disabled Persons Act;

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