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A person shall be punished by imprisonment with prison labor for three months and by imprisonment for three months with prison labor for the crimes of No. 2 in the judgment of the defendant.
Reasons
Punishment of the crime
[2017 Highest 674]
1. On March 9, 2017, the Defendant committed an obscene act at a public performance place through which many unspecified people pass, such as: (a) the Defendant: (b) the Defendant, around 16:45 on March 9, 2017; (c) the Defendant: (d) at the front of the “D pharmacy” located in Seo-gu, Seo-gu, Seo-gu, Busan; (d) the Defendant, at the bar and panty panty; (e) the Defendant styping his sexual organ; and (e) the Defendant, at his hand, knifed the victim E (V), who was stopped on a nearby road
[2017 Highest 1205]
2. On October 19, 2016, the Defendant committed a crime on October 14, 2016, was sentenced to a suspended sentence of one year for four months of imprisonment with prison labor for an obscene crime at the Seoul Eastern District Court, and the said judgment became final and conclusive on October 22, 2016.
around 16:30 on October 19, 2016, the Defendant: (a) set off a brub in front of the Mapo-gu Seoul Mapo-gu Seoul, with a brupter in front of all other actors; and (b) cut off the brush in front of G.
After looking at the urine, it continued to be exposed to the sexual organ and had sexual obscenity openly obscenity.
Summary of Evidence
[2017 Highest 674]
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A photograph of a field closure (2017 top 1205 top 1205);
1. Statement by the defendant in court;
1. G statements;
1. A report on investigation;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);
1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting a crime;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed on March 9, 2017 during the period of suspension of the same criminal record, and the crime committed on October 19, 2016 committed on October 19, 2015 only five days after the sentence was sentenced to the same crime.
There is a history that the suspension of indictment has been imposed for the same crime.
However, the defendant is against the law.
In addition, the defendant's age, sex, health, environment, motive for committing a crime, circumstances after committing a crime, and all of the sentencing conditions identified in the records of this case and the trial shall be determined as ordered in consideration of the overall sentencing conditions.