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(영문) 수원지방법원 2021.02.25 2020고단6556
공연음란
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 15, 2020, the Defendant found the victim C (the 26-year old, 26-old) coming from the plastic farm line located in the Sinsi B, which is located in the Singue population B on August 15, 2020, and laid down the victim’s sexual flag with his/her hands off and her clothes, and was ske off with his/her own sexual organ with his/her hand, and the victim tried to walk after the passage of the Defendant, and the victim’s defect is that he/she is friended by his/her daughters.

"A person who sees the victim of the victim by sound, and by hand sees the victim of the victim's sexual organ, he saw his sexual organ below it.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the 112 Reporting Case Handling List, Criminal Site and Blue Bags, and CCTV explanatory note;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than one year;

2. Whether the sentencing criteria are applied: No sentencing criteria shall be set.

3. Determination of sentence: One year of imprisonment, and two years of suspended sentence, the defendant, by openly engaging in obscene acts in the distance between many and unspecified persons, thereby causing the victim to feel serious sexual humiliation and undermining the sound sexual morals of the society, such crime is deemed to be light;

subsection (b) of this section.

Although the defendant had already been punished for two times or more as obscene crimes, it is highly likely to criticize the defendant as he/she again commits the same kind of crime.

However, it appears that the defendant shows his attitude to reflect his mistake, and that the defendant makes a serious effort to prevent recidivism through mental diagnosis and treatment.

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