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(영문) 서울중앙지방법원 2020.11.11 2020고단4675
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:30 on April 2, 2020, the Defendant openly imprisoned the Defendant’s sexual organ by cutting off the Defendant’s sexual organ into her hand and then destroying it into the c carpet in Seocho-gu Seoul, Seoul. At around 15:30, the Defendant committed an obscene act.

Summary of Evidence

1. Application of Acts and subordinate statutes concerning photographs of CCTV screen pictures taken by the police against the defendant's statement in his/her court statement D, and CCTV screen pictures when the defendant escaped;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. The reasons for sentencing in 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 Act on Welfare of Persons with Disabilities are as follows: (a) the Defendant committed this case’s obscene act in a kylbook during the hours of p.m.; and (b) thereby,

Moreover, the Defendant had previously been punished for the same crime, but committed the instant crime.

However, the defendant recognizes his mistake.

In addition, the punishment as ordered shall be determined in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and all the conditions of the punishment specified in the pleading.

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