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(영문) 수원지방법원 안양지원 2017.08.18 2017고단1329
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

1. On July 6, 2017, the Defendant publicly conducted an obscene act in a way of openly exposing his/her will and exposing his/her sexual organ on the front side of the E-gu 115 Dong 3-4Ra, and exposing his/her sexual organ, during the time when many unspecified people, including around 15:00, around 15:00, around 7 years of age, D (n, 7 years of age), etc.

2. On July 10, 2017, the Defendant: (a) 06:00, around F (F, 47 years of age) and other unspecified people coming to and out of the Republic of Korea; (b) 19-dong E apartment units E, No. 119-dong 3, 119-dong 3, in a separate waste removal and removal method; and (c) openly obscene act by exposing a sexual organ and exposing it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement in the preparation of C, G, D, and H;

1. Investigation report (Securing CCTV images of a suspect before and after committing the crime);

1. 112 Notice of a department related to reporting;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting a crime;

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 sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order - Unfavorable Conditions: The fact that the court was sentenced to two years of imprisonment with prison labor for an obscene crime in July 22, 2016 by the court on July 30, 2016 and on July 30, 2016, which became final and conclusive on July 30, 2016, and again committed the same kind of crime in another time, despite the fact that the court committed the same crime in another time during the current period of probation - The fact that it is favorable: the fact that the mental health situation is not good, such as the defendant's age, sex, occupation, family relationship, etc.

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