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(영문) 서울남부지방법원 2015.01.09 2014고단2883
공연음란
Text

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

The defendant shall be ordered to complete 100 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On March 26, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Sexual Crimes Act at the Seoul Central District Court on March 26, 201, and on September 11, 2013, the said court sentenced eight months of imprisonment with prison labor for a public performance and obscene crime, and completed the execution of the sentence at the Seoul Detention Center on March 28, 2014.

On March 30, 2014, around 21:55, the Defendant performed an obscene act openly by using self-defluence, such as cutting his sexual organ from the subway station platform of 20-gilo-ro, Manyang-si, Manyang-si, and from C (Inn, 22 years of age) who extracted drinking water from his own sexual organ in his own machine, and then doing so.

Summary of Evidence

1. C’s legal statement;

1. C’s statement;

1. Previous convictions: Criminal records, personal identification records, investigation reports (report attached to the judgments of the same kind as the suspect) [the defendant and his defense counsel denies the crime of this case, but the defendant and his defense counsel consistently and specifically state the situation of witnessing the defendant's obscene act from the investigative agency to the court, and the background and process of reporting the defendant to the investigative agency, etc.; ② there is no special circumstance for C to gather the defendant in a false manner; ② even if considering the contents of the statement or the attitude of appearance in the court, it is difficult to see that the victim would have made a false statement even when considering C's testimony and the attitude of appearance in the court, etc., the credibility of C's statement is high, and according to these statements made at the investigative agency and the court, the criminal facts of this case can be recognized].

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order have the history of having been punished several times of sex crimes.

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