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(영문) 의정부지방법원 2018.03.28 2017고단5407
공연음란
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

[criminal records] On June 15, 2017, the Defendant was sentenced to a suspended sentence of two years for six months of imprisonment with prison labor for an obscene crime at the Seoul Northern District Court, and the judgment became final and conclusive on June 23, 2017.

[Criminal facts]

1. On June 9, 2017, the Defendant publicly committed an obscene act, such as unloading a victim D (n, 46 years of age) who returned home, following his or her sexual organ, at around 05:10, Geari-si, Gari-si, Gari-si, Gari-si, Gari-si, 201.

2. On June 15, 2017, around 02:47, the Defendant publicly committed an obscene act, such as following the victim F (n, 24 years old), who returned from a taxi (n, 24 years old), who was set back at the taxi, and shaking sexual instruments.

3. On June 22, 2017, the Defendant publicly committed an obscene act, such as unloading a victim H (n, 35 years of age) returning home, following his/her sexual organ, around Glyri-si, Glyri-si, Glyri-si, Glyri-si, Glyri-si, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, F, and H;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (the confirmation of previous history);

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

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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

1. The scope of applicable sentences under law: Imprisonment for one month to one year and six months; and

2. Non-application of the sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. Determination of sentence: Imprisonment with prison labor for eight months and orders to complete a program, each of the crimes of this case was committed during the new wall hours, and the character of crime is very rough and bad in that it appears that the victims' mental impulses were high and that obscene acts were repeated according to the victims.

In addition, the Defendant had three identical criminal records including the crime of obscenity in the holding, and committed each of the instant crimes again during the said public performance trial. It is inevitable for the Defendant to have sentenced such a sentence to the punishment of the Defendant, referring to the legal order.

However, the defendant.

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