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1. The defendant shall be punished by imprisonment with prison labor for eight months;
2. The defendant shall be ordered to complete a program for treating sexual assault for 40 hours.
Reasons
Punishment of the crime
The Defendant made a patently obscene act two times as follows.
1. On April 3, 2018, the Defendant, on the street in front of D in Busan Dong-gu, Busan, around 20:50 on April 3, 2018, was discharged from all her clothes while he/she gets off, and she was discharged from all her clothes in his/her body with two knifes, and she was discharged from her gender with two knifes, and she was removed from her venifes.
“.....”
2. On June 2, 2018, the Defendant: around 22:40, on the street in front of the Busan East-gu F, Busan-do; G (n, 22 years of age) opened a brush door, opened and maintained a brush door; he/she was off his/her clothes and her brupted with his/her her brush with his/her her scrush with two descendants.
Summary of Evidence
1. Statement by the defendant in court;
2. Each police statement protocol with respect to G and E (including each statement of H and I);
3. Application of Acts and subordinate statutes reporting police investigations;
1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting a crime;
2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in paragraph (2) of the same Article, of which the circumstances are heavier).
3. Reasons 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.
1. The scope of applicable sentences under law: Imprisonment with prison labor for a period of one month to one year and six months;
2. The sentencing criteria are not set for each of the crimes in this case, for which the sentencing criteria are not set.
In this case, it is not good that the defendant openly committed an obscene act by taking the sexual organ in his hands, while he was off all clothes two times on the street in the downtown at night.
E and G, etc. who observed these crimes of the defendant, seems to have suffered considerable mental shock along with sexual humiliations.
Furthermore, the defendant committed the same crime three times between February 18, 2018 and March 6, 2018.