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(영문) 서울중앙지방법원 2019.08.23 2019고단1283
공연음란등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Criminal facts

On April 26, 2018, the Defendant was sentenced to one year of imprisonment for public performance and obscenity in the Goyang Branch of the District Court, and completed the execution of the sentence on January 30, 2019.

[2019 Highest 1283]

1. On February 18, 2019, the Defendant committed the crime at around 17:10 on February 18, 2019, and around 17:10 on February 18, 2019, the Defendant: (a) opened a brupter in front of D (tentative name, doer) that was seated in the seat of the elderly and the elderly in the front of the train of Seoul subway 3, which was operated at the C Station located in the B Station; and (b) cut the sexual flag out to the outside and brud it by hand.

2. On February 18, 2019, the Defendant: (a) around 20:15 on the same day, the Defendant: (b) opened a brupter in front of women who are unable to know their names seated in the old and the weak in the front of the Seoul subway Line 3, which was operated from B to the C Station on the C Station on the same day; and (c) carried out self-defense and bruting the sexual flag out by leaving the brush.

Accordingly, the Defendant made a patently obscene act two times.

[2019 Highest 4296] Around 07:00 on February 18, 2019, the Defendant committed an indecent act by taking advantage of the victim G (Gain, n, e.g., age 59)'s mack, brying, brying, brying, frying, frying, frying, in a 7th floor of Eunpyeong-gu Seoul E building, by taking advantage of the victim's state of her failure to resist.

Summary of Evidence

[Judgment 1] Facts of Decision 1]

1. Defendant's legal statement;

1. The fact under Article 2 of the Statement of Statement to the Police Agency;

1. Defendant's legal statement;

1. A statement prepared by H;

1. Visual images taken by a subway security officer at the time of arresting a suspect (2019 altitude 4296);

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement prepared in the I (before the date of sale);

1. Criminal records;

1. Investigation report by the prosecution (verification of the date of release and the institution to be released);

1. Application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Articles of the Criminal Act, Articles 245 of the Criminal Act, Articles 29 and 298 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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