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(영문) 제주지방법원 2020.07.23 2020고단1372
공연음란
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:12 on May 5, 2020, the Defendant discovered and followed a woman C, who walked a path in the West-si B Nom, and used the Defendant’s sexual organ as his hand and was openly obscenity in a scaming manner.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of the provisions of the Acts and subordinate statutes on video recording in front of a crime scene, CCTV recording photographs in front of a crime scene, and photographs of a suspect taken in front of a crime scene, and the video recording in front of a suspect;

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. The sentencing conditions indicated in the records, such as the following circumstances and age, environment, motive, means and consequence of the crime, etc. of the crime for the reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, shall be determined as ordered by taking into account

The circumstances at a disadvantage: The defendant found a woman who walks on the road, followed by the finding, and openly obscenity by means of shaking the defendant's sexual organ in his hands, and the nature of the crime is not somewhat weak. In particular, the defendant was punished on two occasions as a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. In particular, on May 30, 2018, he was sentenced to a suspended sentence of two years for the above crime on June 8, 2018, and the judgment became final and conclusive on June 8, 2018, and was favorable to the fact that the crime of this case was committed even during the suspended sentence: The defendant is against the charge, and the defendant is expected not to repeat the crime, such as receiving mental treatment, and the crime of personal information registration, disclosure order, and notification order is against the punishment of sexual crimes.

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