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(영문) 제주지방법원 2019.01.25 2018고단2346
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

Punishment of the crime

1. On July 15, 2018, around 23:00, the Defendant made a publicly obscene act by making the victim under his/her jurisdiction feel a sense of sexual humiliation and aversion by getting the victim C (a person, felling, 18 years of age) who was in Jeju City B (a person, felling, and feling his/her sexual organ, exposing him/her, and exposing tobacco, etc.

2. On July 21, 2018, the Defendant: (a) around 21:50, on July 21, 2018, entered the victim as described in paragraph (1) and opened the victim’s sexual organ with exposing the sexual organ as described in paragraph (1), thereby openly committing obscene acts, such as selling tobacco.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photograph by cutting down each CCTV course;

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

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;

1. In light of the fact that 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 of the Act on the Protection of Children and Juveniles against Sexual Abuse is found to have repeatedly committed a crime by finding out a convenience store where the defendant works for young female women at night, whether the former female employee is married or not, and that the face is exposed to Maskro in the course of committing a crime, a crime is very rough and bad;

The defendant committed a second offense during the period of probation although he had been sentenced to a fine in 2014 or to a suspended sentence of imprisonment in 2017 due to the same crime, and the criminal facts of the judgment that sentenced the suspended sentence of imprisonment are identical to each of the crimes of this case.

The sentencing conditions, such as the age, character and conduct, environment, and circumstances after the crime, shall be determined as per the order, taking into consideration the following circumstances.

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