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(영문) 대구지방법원 서부지원 2014.09.18 2014고단1151
공연음란
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete 100 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

[criminal power] On January 7, 2004, the Defendant was sentenced to imprisonment with prison labor for public performance and obscene crimes, etc. at the Daegu District Court for one year of suspension of execution, two years of suspension of execution, a fine of 6 million won from the Daegu High Court for the crime of indecent act by compulsion on June 2, 2005, a fine of 3 million won from the Daegu District Court for the crime of indecent act by compulsion on October 26, 2005, and a fine of 3 million won from the Daegu District Court Branch Branch of the Daegu District Court for the same crime on July 25, 2008, and six months from the imprisonment with prison labor for the same crime at the same court on October 12, 2009, respectively. On October 21, 2011, the Defendant was sentenced to imprisonment with prison labor for the same crime at the same court on June 20, 2012.

【Criminal Facts】

On August 10, 2014, at around 02:35, the Defendant discovered D (W), which was prone to Seo-gu, Seo-gu, Seo-gu, Seoul (B), found that he was prone on the front side of the (B), left the said B (34 years of age), and left the front side of the said B-dong, and left the Defendant’s sexual organ up to kneeek, with one hand, and left the Defendant’s sexual organ up to kneekne.

However, the passage of people, automobiles, etc. is frequent between the above C Apartment-dong roads, the non-Dong and the apartment boundary fence, and the passage of apartment residents or visitors was used for the passage.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous convictions in judgment: Inquiries into inquiry reports, five copies of judgment, application of Acts and subordinate statutes concerning the number and accommodation of individuals;

Article 1. Relevant Articles of the Criminal Act and Selection of Punishment)

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

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