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(영문) 수원지방법원 2020.11.26 2020고단6555
공연음란
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 2, 2020, at around 17:12, the Defendant: (a) placed in front of the bus stops, “C” near Suwon-si B, Suwon-si, and engaged in self-defense by viewing D with one hand, and continuously engaged in such self-defense by viewing D while there are 6-7 citizens in the vicinity.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. Report on internal investigation (the application of statutes to the examination of witness's place and the photograph of suspect at the time) by the police's statement concerning D;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. The reason for sentencing in the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso of Article 59-3(1) of the Act on Welfare of Persons with Disabilities (in full view of the age and family environment of the accused, the disadvantage of the accused due to the employment restriction order, and the preventive effect of the sex crime that can be achieved therefrom, it is judged that there are special circumstances that the employment of the accused should not be restricted to the accused) was not changed even if the accused had been already punished several times due to the same crime

However, considering that the defendant's mistake is recognized and reflected in all, elderly people, and the defendant's illness affected the crime of this case, the defendant seems to require medical treatment and social support as ordered by the order.

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