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(영문) 대전지방법원 2019.10.18 2019고단3180
공연음란등
Text

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

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

Reasons

Punishment of the crime

1. Public performance and obscene;

A. On June 18, 2019, the Defendant: (a) 06:50 on June 18, 2019, at around the entrance of the Seo-gu Daejeon, Seo-gu, Daejeon (the age of 47), seeed C (the age of 47), and laid down a sexual organ, thereby openly harming the sexual organ.

B. On June 23, 2019, the Defendant: (a) 03:15 on June 23, 2019, viewed the E (n, 24 years old) waiting to board an elevator in front of the first floor of the building D, Seo-gu, Daejeon, Daejeon; and (b) laid off the sexual organ, and laid down the sexual organ, thereby openly harming the Defendant.

C. On July 4, 2019, at around 18:50, the Defendant: (a) seeed the G (the age of 23) at the entrance inside the building of Seo-gu, Seo-gu, Daejeon and the 1st floor; and (b) laid down a sexual organ, thereby openly harming the sexual organ.

2. Where the basic personal information submitted to the head of a competent police agency is modified, a person subject to the registration of personal information shall submit the reason and details of the modification within 20 days from the date on which the reason for modification occurs;

Although the Defendant served as a salesperson of home appliances at the I Burial located in Daejeon-gu, Daejeon-gu, on June 1, 2019, and the workplace that is personal information was changed, the Defendant did not submit it to the head of the competent police office within 20 days from the date on which the cause of the change occurred.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each written statement of E and G preparation;

1. Application of Acts and subordinate statutes to report generation (public performance and obscenity), field photographing photographs, investigation reports (CCTV, etc.), reports on the occurrence of a case of public performance and obscenity, internal investigation reports, investigation reports (on-site CCTV verification), CCTV photographing photographs, presentation of personal information, and data to examine the person subject to personal information;

1. Article 245 of the Criminal Act related to the crime, Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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