logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.10.19 2017고단5262
공연음란
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal records] On November 21, 2014, the Defendant was sentenced to imprisonment with prison labor for four months as a crime of obscene and obscene at the Suwon, and six months as a crime of obscene and obscene performance at the Suwon Country, respectively, on February 16, 2016. On July 6, 2016, the Defendant completed the execution of the sentence at the Suwon Detention House.

[Criminal facts] On July 5, 2017, the Defendant, at around 11:40 on July 5, 2017, was discharged from the Defendant’s sexual organ while traveling from a park adjacent to the C District located adjacent to the C District in Suwon-si B.

In other words, the patently engaged in obscene acts by scambling.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on investigation;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, (A), investigation report (the same records of the suspect and confirmation of the period of repeated offense);

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime (the point of obscenity) and the choice of imprisonment with prison labor;

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

1. The reason for sentencing under the main sentence of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order was that the Defendant was sentenced to a fine of three million won as an obscene crime of public performance at the Suwon Franchising Board on October 31, 2012. Furthermore, in light of the fact that the Defendant committed the instant crime even though he/she committed the instant crime even though he/she was under repeated offense by having been sentenced to a suspended execution or sentence for obscene crime of public performance, etc. as stated in the record of the crime in the judgment above,

However, considering the fact that the defendant reflects the wrong, the fact that the defendant committed the crime of this case by drinking and contingent, etc., the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments.

arrow