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(영문) 수원지방법원 성남지원 2017.03.31 2016고단3783
공연음란
Text

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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 18, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for public performance and obscene crime in the Sungnam support of Suwon Friwon, and completed the execution of the said sentence on March 12, 2016.

On October 20, 2016, at around 21:40, the Defendant publicly obscene act by reporting the figures of E (n, female youth, 15 years old) and four other persons, which are female youths, who engage in dancing practice, and by using a method of self-defense in front and rears, in front of the Do community service center located in Hanam-si, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, H, and I;

1. Photographs of the skin;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of reporting Acts and subordinate statutes after previous convictions;

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Circumstances favorable to the reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order: The defendant seems to repent his/her mistake and committed an obscene act against many female juveniles in front of the community service center where many and unspecified people pass, and the defendant did not receive a letter from the victims, and the defendant was punished five times or more. In particular, on June 5, 2015, he/she was sentenced two years of a suspended sentence for six months as obscene crime in a public performance in the Suwon Friwon Frisung Frisung Frisung Frisung Frisung Frisung Fri, which became final and conclusive on the 13th of the same month, and is currently under a suspended sentence, and without being aware of the fact that the defendant once he/she committed the instant crime, he/she again took into consideration other circumstances under Article 51 of the Criminal Act, such as the fact that he/she committed the instant crime, etc.

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