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(영문) 춘천지방법원 강릉지원 2016.11.24 2016고단1419
공연음란
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal record] On October 14, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for an attempted larceny at night in the Gangnam Branch of the Chuncheon District Court, and completed the execution of the sentence in the Gangnam Prison on April 12, 2016.

【Criminal Facts】

1. On October 14, 2016, the Defendant openly committed obscene acts, such as unloading bombs, bombs with bombs and bombs with bombs and strings, while viewing that the victim E (or 18 years of age) was in front of the “D Beauty Room” located in Gangseo-si, Gangseo-si, Yeung-si.

2. On October 20, 2016, the Defendant publicly conducted obscene acts, such as unloading boomer and booming the sexual organ by hand, while viewing that the victim H (W), I (W), and 16 years of age) in the bridges adjacent to “G” located in Gangnam-si F (G), around 19:10 on October 20, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of I, H, and E;

1. A list of 112 reported cases handled, and detailed statement of handling 112 reported cases;

1. On-site photographs;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (report on confirmation as a suspect A repeated offense);

1. Article 245 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is repeated crimes, and there is a record of having been sentenced several times for the same crime;

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