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(영문) 서울동부지방법원 2021.02.04 2019고단3265
공연음란
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

around 1:25 on September 5, 2019, the Defendant discovered the victim D (n, 61 years of age) and victim E (n, 95 years of age) from the C Park mountain book located in Songpa-gu Seoul, Songpa-gu, Seoul, and made a public obscenity act out of the sexual organ.

around 14:35 on April 14, 2020, the Defendant openly obscenityd the Defendant by dricking the pan and panty on the neighboring street of Songpa-gu Seoul F, Songpa-gu, Seoul, knife the Defendant’s sexual flag with his hand and sliffing it.

Summary of Evidence

"2019 Highest 3265"

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Each investigation report (victimD telephone conversations), investigation report (on-site of occurrence and verification of surrounding CCTV images), 2020 Godan 1436;

1. A protocol concerning the examination of the police officers of the accused;

1. G statements;

1. Application of Acts and subordinate statutes to on-site photographs, investigation reports (victim's telephone call reports), investigation reports (the call reports of police officers in mobilization), investigation reports (the report of 112 reported case lists);

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, Article 38(1)2 of the same Act, and the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order 50 of the same Act;

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act, is that the Defendant has been punished once a suspended sentence of imprisonment with prison labor for obscenity and twice a fine, etc. on the grounds of obscene performance, and the Defendant was sentenced to a suspended sentence for four months in imprisonment with prison labor for larceny at the Seoul Eastern District Court on January 31, 2019, and the same year;

2. 8. Although the judgment becomes final and conclusive and conclusive, the crime as described in the judgment below 3265 was committed, and the sentencing conditions stated in pleadings, such as the defendant's age, sex, motive, means and consequence of the crime, etc., shall be determined as ordered in light of the sentencing conditions stated in the arguments.

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