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(영문) 대구지방법원 2018.10.25 2018고단4042
공연음란등
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On June 30, 2018, the Defendant, at around 09:0 on June 30, 2018, intruded into the school through the entrances of the OO middle school in Daegu L-gu B on June 30, 2018, and committed an openly obscene act by cutting down the fluor and cutting down the fluor on the passage to which many and unspecified students may pass, and cutting down the fluor’s sexual instruments with hand, and filling up the entrances of the school by hand.

2. On July 11, 2018, the Defendant publicly obscenity committed an obscene act in a manner that she was able to see, from around 09:0 on July 11, 2018, at the O middle school incineration site at the outside of the fence, the Defendant laid down a bomer and she was in a situation that could be seen by teachers and students in the above school and those who had passed delivery, and carried out the act by hand with her sexual organ’s hand.

3. On August 7, 2018, the Defendant publicly obscenity committed an obscene act even if he/she was in a situation that makes it possible for many and unspecified students and players to view the victim D (V, 10 years of age) who had attended a school in the O elementary school located in Daegu Suwon-gu C around August 7, 2018, by putting them off to the victim D (V, 10 years of age) who was enrolled in a school in the O elementary school located in Daegu Suwon-gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Each statement of E and D;

1. Application of the 112 Report Processing List, CCTV photographs, and other Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 245 of the Criminal Act (the point of obscenity in a public performance), Article 319 of the Criminal Act (1) (the point of intrusion upon residence), and the choice of imprisonment, respectively;

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

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

1. The types of crimes, such as intrusion into a school with the reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, or committing a crime against students committed in a school near the school, and following the victim.

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