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(영문) 수원지방법원 2019.09.19 2019고단3748
공연음란
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On November 6, 2015, the Defendant was sentenced to imprisonment with prison labor for the crime of indecent act by force at Seoul High Court on November 6, 2015, and completed the execution of the said punishment at the Gesung Vocational Training Correctional Institution on October 28, 2016.

【Criminal Facts】

At around 09:05 on April 27, 2019, the Defendant, while driving a rocketing car at the C Intersection located in Suwon-gu B, Suwon-si, and making a publicly obscene act by unloading the front window in front and the clothes in front of many unspecified people, such as E, to the bucks section, and by using a sprinking method with a sexual flag in his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary report;

1. Investigation report (to listen to shots' telephone statements);

1. Previous convictions: Criminal history records, inquiry reports (A), investigation reports (report on confirmation of the period of repeated crime), personal confinement status, judgment, and application of Acts and subordinate statutes to outputs of integrated cases;

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 punishment shall be determined as ordered by taking into account the following circumstances: (a) the Act on the Protection of Children and Juveniles against Sexual Abuse; (b) Article 56(1) of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); and (c) the sentencing grounds under the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities; and (d) the Defendant’s age, character and conduct; (b) motive, means, and consequence of the crime; and

- The crime of obscenity was committed by each fine in 2014 and 2018, and that there was a record of being sentenced to a suspended sentence of imprisonment in 2014 / The crime of sexual assault and a record of being sentenced to a suspended sentence of imprisonment in 1)

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