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(영문) 전주지방법원 2018.04.27 2018고단398
공연음란등
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 records] On October 30, 2017, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended sentence for intimidation, etc. at the Jeonju District Court, and the above judgment became final and conclusive on November 7, 2017.

[Criminal facts]

1. obscenity Defendant was seated at No. 58, Seo-gu, Gwangju, Seo-gu, about July 5, 2017, at around 01:40, and was on the side PC No. 58.

E (n, 22 years of age) changed, and the Defendant's sexual organ was boomed by hand, and 15 minutes of self-defense was committed.

Accordingly, the Defendant publicly committed an obscene act.

2. On July 5, 2017, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (Indecent Conduct in Crow-gu) was driving on the ground of the reservoir room located in Gwangju Seo-gu, Seo-gu, Gwangju, in the vicinity of the victim I (I, I, 21 years old), seated in the seat above that of the victim I (I, I, 21 years old) and was seated in the seat above that of the victim, leading the victim to the victim's left hand, and was buckbucked by the victim's hand.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to I by the police;

1. E statements;

1. CCTV video CDs, photographs taken by the injured party, and CCTV of urban buses;

1. Previous convictions: Application of a reply to inquiry about criminal history, report on investigation (Attachment to judgment of latter concurrent crimes by a suspect).

1. Article 245 of the Criminal Act applicable to the crimes, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of a sentence of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(1)2 of the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse are subject to punishment for an unspecified person. In addition, the Defendant is subject to punishment for the same kind of crime.

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