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(영문) 대구지방법원 서부지원 2019.06.19 2019고단842
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

[criminal power] On November 5, 2015, the Defendant was sentenced to six months of imprisonment for indecent act by force in the branch of the Daegu District Court, and completed the execution of the sentence in the Daegu Prison on May 5, 2016. On November 16, 2017, the Defendant was sentenced to one year of imprisonment for public performance and obscene act in the branch of the Daegu District Court. On September 21, 2018, the Defendant completed the execution of the sentence in the Daegu District Court’s first prison on September 21, 2018.

【Criminal Facts】

On February 3, 2019, the Defendant: (a) 23:40 on February 3, 2019, after having knee and panty knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee kne knee knee knee knee knee knee knee kne

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E (alias) and D;

1. Report on internal investigation (Attachment of on-site photographs) and investigation report (Attachment of cell phone photographs, etc. of the suspect who has been used for committing the crime);

1. Three copies of the suspect's on-site photographs, three of the on-site photographs, and three of the mobile phone photographs;

1. Criminal records as stated in the judgment: Criminal records, etc. inquiry reports (A), investigation reports (Attachment to judgments, etc.), three copies of the judgment, and one copy of the status of confinement for individuals shall be applied;

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

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The reason for sentencing in 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 has a record of serving a fine of three million won for public performance and obscenity in 2013, and a record of serving a punishment of one year for public performance and obscenity in 2017, and the record of serving a punishment of two times for a sexual crime is more.

Nevertheless, the defendant completed the execution of imprisonment as stated in the judgment of the court, and again is during the period of repeated crime.

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