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(영문) 전주지방법원 군산지원 2021.02.09 2020고단765
공연음란
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal record] The criminal suspect was sentenced to a suspended sentence of three years on July 19, 2019 by the Incheon District Court for a crime of bodily injury resulting from forced indecent act, etc. on the 27th of the same month, and the judgment became final and conclusive on the 27th of the same month, and is currently under the suspended sentence period, and is punished two times as a crime of obscene act.

[2] On May 3, 2020, in front of the C cafeteria located in Gunsan City B around May 3, 2020, the Defendant: (a) opened a senior window to the victim E (the 16-year old) (the 14:05 age), where the Defendant was seated in the driver’s seat of the D EX EXE-UV car owned by the Defendant, and went out of it when the sexual flag was cut out; and (b) opened a senior window to the victim E (the 16-year age old), and “I have a middle school in the surrounding area.”

“Along with the phrase, the victim had the victim access the said car, and had the victim do an obscene act by putting the sexual organ in hand before the victim viewed, and committing a self-defense act.

Summary of Evidence

1. The occurrence of a statement made by the police in the protocol of interrogation of the suspect to the defendant in relation to E (tentative name) recorded in the police statement of the suspect in the protocol of interrogation of the suspect in the defendant's legal statement (obscenity of public performance), the internal investigation report, the internal investigation report (Fmons attached to the statement of the case in 112), the investigation report (FM CCTV and tracking), the investigation report (FM CCTV photographs and tracking), the investigation report (FM CCTV and tracking), the investigation report (IF CCTV and tracking), the investigation report (IF CCTV), the investigation report (IF CCTV and tracking matters), the organization of victim and the suspect moving routes, the investigation report (SV image and tracking matters), the investigation report (SV image and tracking of the CCTV for the suspect moving routes), the investigation report (SV image attachment), the criminal investigation report (the moving route of the victim and the suspect moving route), the criminal investigation report (the criminal investigation report), the criminal investigation report, the criminal investigation report, the criminal investigation report, and the application of the same Act and subordinate statutes:

1. Article 245 of the Criminal Act applicable to the facts constituting an offense and Article 245 of the choice of punishment;

1. The main sentence of 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 Children and Juveniles against Sexual Abuse and the Welfare of Persons with Disabilities Act;

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