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(영문) 광주지방법원 순천지원 2021.02.17 2020고단3233
공연음란
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

On May 27, 2020, the Defendant was sentenced to one year of imprisonment with prison labor in the Gwangju District Court's Netcheon Branch on May 27, 202 and completed the execution of the sentence on December 5, 202.

On December 8, 2020, at around 16:26, the Defendant made a publicly obscene act by putting sexual organ into his hand and exposing sexual organ on the road of the “C” coffee shop, and exposing sexual organ at a female city B.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation of the D statements;

1. 112 A list of reported cases;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, personal confinement status, and application of the judgment text;

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

1. The reason for sentencing in the main sentence of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse and Article 59-3(1) of the Welfare of Persons with Disabilities Act, which is subject to the employment restriction order, has a history of being subject to criminal punishment for the same crime several times, and in particular, the defendant has been sentenced to one year of imprisonment for public performance and has been sentenced to one year for the execution of the sentence, and has committed a serious punishment again for the same crime only three days after the execution of the sentence was completed.

However, under the circumstances such as the defendant's attitude to reflect in depth by recognizing his mistake, the defendant's life in a repeated crime seems to be insufficient to adapt to society as a result of the long-term prison life, depression, and yellow disorder, and taking drugs, the defendant's age, sex, sex, environment, family relationship, criminal history, circumstances after the crime, etc., and the various sentencing conditions mentioned in the records and changes following the crime shall be comprehensively considered and determined as the sentence as ordered.

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