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(영문) 대구지방법원 2021.03.23 2020고단6647
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 40 hours.

Reasons

Punishment of the crime

[criminal records] On February 20, 2019, the Defendant was sentenced to one year of imprisonment with prison labor due to obscene crimes, etc. at the Daegu District Court on February 20, 201, and completed the execution of the sentence in the second intersection of the North Korean Branch on February 20, 2020.

[2] On August 23, 2020, from around 08:03 to 20:07 of the same day, the Defendant is in the shape of the above C, which cleans the carpet inside of the Daegu Metropolitan City B and D (n, 46 years old), and is in the shape of the above C, which cleans the carpet inside of the carpet. The Defendant is in the face of the hand, her hand, her hand, her hand from the carpet corridor, and her hand her hand from the entrance and corridor, and as well as coming out of the her sexual flag from around the name of women who are not in the official book in the room.

In addition to doing self-defense, from September 27, 2020 to September 27, 2020, in total nine times in the same place as shown in the list of crimes attached hereto, in a total of nine times in the same space as the Defendant’s booms, and the sexual flag is cut off from the surrounding areas of the women in the Kafa, who have a sexual organ boomed with the Defendant’s booms.

An act, such as gathering, was committed.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. Each statement of D and C;

1. A investigation report (a CCTV image analysis, etc. in place of occurrence), data on the access records of the suspect in the five Daegu Dol, the details of CCTV analysis, and the CCTV image-shields;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to inquiries, such as investigation reports (verification during the period of repeated crimes), personal confinement status, criminal history, etc.;

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order.

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