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(영문) 인천지방법원 2015.08.27 2015고단4396
공연음란
Text

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

The defendant shall be ordered to take a lecture for sexual assault treatment for 80 hours.

Reasons

Punishment of the crime

On June 14, 2015, at around 12:10, the Defendant discovered five female students who conducted an evaluation of the performance of an entrance in the above school playgrounds while driving a road near Incheon Gyeyang-gu, 755-ro 75-ro, Gyeyang-gu, Incheon, for a three-dimensional car owned by the Defendant.

The Defendant parked the said car in the vicinity of the above school, and laid down a fluence in front of the above school entrance, etc., which appears to have been seen by the female, and then laid down the Defendant’s sexual organ, and took the Defendant’s sexual organ into his hand, and committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on investigation (on-site black stuff photographs) and black stuff photographs;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (in the event of a statement and a record recording of a black box, an investigation is conducted);

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed an act of self-defense in front of female students in the workplace where female middle school fences are moved to another place, view female students in the school playgrounds, and conduct various self-defenses on several occasions, and view female students in the workplace. In light of such contents, the crime of self-defense is not good.

In addition, the Defendant had a past record of the suspension of the execution of imprisonment with prison labor twice for the same crime (2008, 2012), and the Defendant did not receive a mental therapy even at the time of the punishment in 2012, but did not go through a proper mental therapy. The Defendant did not go against the probation and did not go against the crime of this case even after being put on probation.

In full view of these points, it is inevitable to sentence a sentence to the defendant.

In sentencing, in addition to the above elements of sentencing, there are many kinds of conditions for sentencing such as the age, character and conduct, environment, etc. of the defendant shown in the records and arguments of this case.

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