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(영문) 수원지방법원 안양지원 2020.01.15 2019고단2155
공연음란
Text

A defendant shall be punished by imprisonment for four 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

On August 22, 2019, the Defendant: (a) around 09:06, around 09:06, she saw C (Y, 19 years of age) in front of the Mana-gu Mana-gu Mana-gu Mana-gu Mana-gu Mana-gu Mana-gu Mana-gu Mana-gu, Mana

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

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 (The following extenuating circumstances among the reasons for sentencing);

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

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, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons

1. Scope of applicable sentences under law: One month to one year; or

2. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account all the circumstances indicated in the arguments and records of the instant case, such as the age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

D. Unfavorable circumstances: The instant crime was committed by the Defendant in front of his female life, and the nature of the crime is heavy in light of the type and object of the crime.

It seems that female students suffered considerable sexual humiliation and mental shock due to the crime of this case.

There is a history that the defendant has been sentenced to a fine once for the same crime and a suspension of indictment once for the same crime.

The favorable circumstances show the attitude of the defendant to recognize and reflect the wrongness, and make efforts to not repeat the crime by receiving counseling after the crime of this case.

In the trial process, the defendant paid 3 million won to the victim and agreed with the victim.

The defendant does not have any other criminal records than those of the same kind.

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