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(영문) 대구지방법원 서부지원 2018.08.14 2018고단90
공연음란
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal record] On July 12, 2012, the Defendant was sentenced to five years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (rape by blood) in the Seo-gu District Court’s branch branch on July 12, 201, and completed the execution of the sentence in Daegu Prison on April 15, 2017.

[Criminal facts]

1. On July 1, 2017, the Defendant taken out gender in E parks where many and unspecified persons use D, etc. in Daegu City, Seo-gu, Daegu City, and Seo-gu, in around 14:00.

I performed the above act.

2. The Defendant on July 4, 2017 or

5. To take her sexual organ out in the same place as described in paragraph (1) that is used by many and unspecified persons, such as around 15:00;

I performed the above act.

3. On September 10, 2017, the Defendant taken out gender in H Park used by many unspecified people in Daegu-gu, Seogu, Daegu-gu, about 21:52.

I performed the above act.

As such, the Defendant made a patently obscene act three times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and D;

1. Each CD and each photograph;

1. A report on internal investigation (Evidence list 7,8,9,10);

1. Previous records: The application of the results of inquiry and the application of Acts and subordinate statutes to investigation reports (verification of repeated records);

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. The grounds for sentencing in the main sentence of Article 56(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against the Children and Juveniles subject to Employment Restriction Order under the main sentence of Article 16(2) of the Act on the Protection of Juveniles against Sexual Abuse are both based on the facts constituting an offense in this Court.

However, the Defendant has the same history of punishment, and there is a high possibility of criticism for each of the crimes of this case even during the period of repeated crime due to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape by blood).

The defendant has repeated obscenity in a short time at a place, such as a park where many unspecified people use, and women can easily witness it.

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