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(영문) 수원지방법원 2016.01.21 2015고단4900
공연음란등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 11, 2015, the Defendant entered a female public toilet located in Suwon-si B, Suwon-si on July 11, 2015, and was in call for a portable phone at that place, from C (A, 20 years of age) (A, 20 years of age) to “Is women’s toilets.”

The phrase " has been neglected and went out of the facility after hearing the word."

After that, the Defendant, by preventing other women from using and coming from toilets, has a gap in which the victim is mixed, has exposed panty to the panty, has entered the toilet to close close to the victim, and has dump "I am to throw away another, hump, hump to the victim.

"............ one hand was knife and other hand as they seem to be boomed, and the act of sexual intercourse was committed.

Accordingly, the Defendant infringed on public places, such as public toilets, and openly obscenity for the purpose of meeting his sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (victim telephone investigation);

1. Relevant Article 245 of the Criminal Act concerning the crime, the choice of punishment, Article 245 of the Criminal Act (a point of obscenity in a public performance), Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion upon public places for sexual purposes), and the

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to the Defendant: (a) appears to have caused the victim to feel extreme fear and apprehension by exposing the victim’s sexual organ into a female public toilet in which the Defendant was married; and (b) the Defendant confirmed the victim’s entry into a female public toilet and confirmed the victim’s presence; and (c) led another woman to commit the instant crime by preventing the victim from using a female public toilet; and (d) the victim is the Defendant.

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