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(영문) 인천지방법원 2021.01.13 2020고단9635
공연음란
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On December 6, 2018, the Defendant was sentenced to four months of imprisonment for the same crime at the Incheon District Court, and completed the execution of the sentence on March 19, 2019.

The defendant committed the following crimes under the status that he has the ability to discern things or make decisions due to intellectual disability, etc.

1. On July 10, 2020, the Defendant committed an obscene act, such as openly exposing his body and sexual organ, in front of C in Incheon Reinforcement-gun B around July 10, 2020, the Defendant: (a) was off from all clothes and clothes in front of C; (b) was immediately tightly chroped with two face; and (c) was passing through D.

2. On July 20, 2020, the Defendant committed an obscene act on July 20, 2020: (a) around July 20, 2020, the Defendant was openly engaged in an obscene act, such as releasing the clothes and clothes in front of F, in Incheon, Incheon, E, from the body of body, and exposing the sexual organ in his/her hand.

3. On August 10, 2020, the Defendant committed an obscene act, such as openly exposing clothes and clothes in front of H located in the Incheon Reinforcement-gun G around 16:35, Aug. 10, 2020, around 16:35, in the vicinity of I and J, and exposing her body and her sexual organ, etc.

4. On October 3, 2020, the Defendant committed an obscene act by openly exposing his body and sexual organ in the L Drineral Nos. 22 and 22:10 around October 3, 2020, the Defendant, who was committing the crime, in the light of the following: (a) off his clothes and inner clothes from the L Drier’s K located in Incheon Strengthening-gun, and (b) off his body and body body in M.

Summary of Evidence

1. Written statement prepared in I by the police in relation to the defendant's legal statement D or M;

1. Records of seizure and the list of seizure lists 112, the site photographs of cases under the direction to investigate the list of reported cases;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (power of repeated crime and confirmation of the same kind of judgment);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness (which can be known by the records of this case) (Article 10(2) and 55(1)3) of the Criminal Act.

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