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(영문) 서울북부지방법원 2018.11.29 2018고단3964
공연음란
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

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

Reasons

Punishment of the crime

[criminal records] On June 1, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for public performance obscene crimes at the Seoul Northern District Court, and completed the execution of the sentence on June 23, 2018.

[2] On August 17, 2018, at around 20:20, the Defendant: (a) discovered the location of the Defendant in C, and found D (18 years old), E (18 years old); and (b) sounded D and E (18 years old) “PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each investigation report (verification of place of occurrence / Attachment of previous convictions for the same kind and confirmation of repeated crimes);

1. 112 Reporting case handling table;

1. Previous convictions in judgment: A criminal investigation report (Attachment of documents in the previous records of the suspect and related public perusal), inquiry statement, such as criminal history, and application of Acts and subordinate statutes;

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

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

1. The specific form of the crime is very likely to be committed in consideration of the specific form of the crime, which shows the scamity of women who are still exposed to sexual organ on the grounds of sentencing in Articles 56(1) and 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Furthermore, the Defendant was sentenced to a two-year suspended sentence for obscenity on December 15, 2016, and was sentenced to imprisonment for the same crime on June 1, 2017, and again committed the instant crime during the repeated crime period after the completion of the execution of the sentence on June 23, 2018.

It is inevitable to punish the accused who repeatedly commits the same crime without just a lot of criminal punishment and repeatedly commits the same crime.

On the other hand, the Defendant recognized the instant crime.

(b) other.

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