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(영문) 광주지방법원 순천지원 2019.11.28 2019고단2014
공연음란
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On June 16, 2017, the Defendant was sentenced to 10 months of imprisonment with prison labor for public performance and obscenity in the Gwangju District Court’s net support, etc. on November 20, 2018, and the same court was sentenced to 6 months of imprisonment with prison labor for public performance and obscenity and completed the execution of the sentence on May 15, 2019.

【Criminal Facts】

1. On June 6, 2019, the Defendant openly imprisoned 02:0-00 to 03:00, the Defendant committed an obscene act by viewing C (n, 26 years of age) that was located in the alleys adjacent to a building B in Gwangjuyang-si, and by unloading a bropoer and self-deing a sexual organ.

2. The Defendant: (a) around 03:00 at the end of 03:0 on June 2019, 2019, carried out an obscene act of openly booming women by leaving boomer in front of an entertainment drinking club and leaving booming a sexual organ.

3. On July 21, 2019, at around 07:30, the Defendant openly conducted obscene acts by viewing women, such as C, through the window of the 'E's waiting room adjacent to entertainment taverns, and seeing women, such as the above C, through the window of the said 'E' entertainment entertainment bars.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement against F and C;

1. A report on internal investigation (on-site photographs, etc.), and a report on internal investigation (a disposition taken around the site concerned);

1. Previous convictions: Criminal records, investigation reports (report attached to judgments), each judgment, and the application of Acts and subordinate statutes concerning the current status of confinement of individuals;

1. Article 245 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

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. Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities committed the instant crime during the period of repeated crime due to the same kind of crime despite the fact that the Defendant had been punished several times for the same crime.

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