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(영문) 서울서부지방법원 2018.08.08 2018고단1296
공연음란
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On January 6, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for a public performance obscene crime at the Seoul Western District Court, and was released on May 5, 2017 upon revocation of detention, and the execution of the sentence was terminated upon the withdrawal of the Defendant’s appeal on July 10, 2017.

【Criminal facts】 On March 5, 2018, the Defendant: (a) opened the Defendant’s baf and baf in a Dolet parking lot at around 16:50 on March 5, 2018; (b) there are many female students, such as E (n.e., 16 years of age).

By doing so, the act was publicly obscene.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. The screen to close a black stuffed video data processing room;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of data relating to repeated crimes);

1. Article 245 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The main sentence of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse of Children and Juveniles against whom an employment restriction order was issued [the defendant is deemed to have been hospitalized due to exposure, etc., but, in light of the background of the crime, the defendant's behavior, etc. after the crime of this case, was found to lack the ability or decision making

Therefore, we cannot accept the defense counsel’s argument about mental and physical weakness.

In light of the fact that the punishment has been imposed several times, including the crime of the same kind of punishment for sentencing, and the crime of this case has been committed during the same repeated crime period, the punishment for the crime of this case shall be sentenced without prison labor, but the defendant has committed a crime against his own mistake, such as hospitalized treatment, and has attempted to repeat the crime by receiving long-term exposure treatment, such as hospital treatment, etc., and it seems that the mental and medical clothes have been suspended for the use of high blood pressure, but some of the circumstances leading to the crime of this case are considered.

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