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(영문) 부산지방법원 서부지원 2018.02.21 2017고단1635
공연음란등
Text

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

To order the accused to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 8, 2017, from around 01:35 to around 01:44, the Defendant made a patent obscene act in a manner of opening a plaza, i.e., E (n., 37 years old) from the D Station, located in Busan Northern-gu, and front of an unspecified number of people, and displaying a sexual flag, and flabing a plaza.

"2017 Highest 1941"

1. Plastic Defendant, at around 12:40 on July 8, 2017, obscenity, set a boomer in front of “G” located in F of Busan City’s L, including H (W, 60 years of age) and other people, and take the booms in front of the public performance.

In this regard, the sexual organ became a hand.

Accordingly, the Defendant publicly committed an obscene act.

2. On July 13, 2017, around 15:25, the Defendant: (a) was forced to commit an indecent act, on the ground that the Victim K (V, 25 years old) who was going along the way in front of the “J convalescent hospital” located in the Busan Langu, Busan; (b) was likely to have her turbane by hand on the part of the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E, H and K;

1. Relevant Article 245 of the Criminal Act, Article 298 of the Criminal Act, and the choice of imprisonment with labor for the crime;

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

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

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, occupation, mental illness, previous offense, and risk of recidivism; and (c) profits and preventive effects expected from the instant order or notice order; and (d) disadvantages and side effects therefrom, there are special circumstances in which disclosure of the Defendant’s personal information may not be notified;

In conclusion, the crime of indecent act is committed in the judgment that is a sex offense subject to registration and submission of personal information.

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