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(영문) 제주지방법원 2019.09.05 2018고단2866
공연음란
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 10, 2017, the Defendant was sentenced to eight months of imprisonment for public performance and obscenity at the Jeju District Court for public performance and completed the execution of the sentence in the Jeju Prison on April 5, 2018.

On July 10, 2018, around 21:15, the Defendant had been seated in the 1st floor of the B hotel and worked in the hotel so as to look at the victim C (the age of 35) working in the hotel so as to look at the seat of the above hotel, and carried the hand in the seat of the Defendant, thereby openly committing an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A criminal report (specific circumstances, etc. of the suspect), a criminal investigation report (where a crime is taken by a cell phone of the victim, accompanying a video CD and video photograph), and a criminal video CD;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification of the person whose final term of punishment expires), and application of Acts and subordinate statutes to each individual confinement status;

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

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

1. The sentencing conditions indicated in the records, such as the following circumstances and the Defendant’s age, environment, motive, means and consequence of the crime, etc., based on the grounds for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, shall be determined

The circumstances favorable: The defendant was sentenced to eight months of imprisonment with prison labor for public performance and obscene crimes at the Jeju District Court on November 10, 2017 and completed the execution of the sentence on April 5, 2018, and committed the crime of this case at the same time during the repeated crime period: The defendant is against the charge, the defendant is suffering from the bereaved disease, the defendant is suffering from the bereaved disease, and the crime is subject to the registration of personal information, disclosure order, and notification order.

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