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(영문) 서울남부지방법원 2020.07.24 2019고단1998
공연음란등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 2, 2018, the Defendant was sentenced to one year in Seoul Southern District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on February 16, 2019.

"2019 Highest 1998"

1. On April 4, 2019, around 14:40, the Defendant engaged in an obscene act by openly exposing her sexual organ while under the influence of alcohol that many people, such as D, etc., look at at, and exposing, under the influence of alcohol, they were under the influence of alcohol.

"2019 Highest 3717"

2. On June 30, 2019, at around 14:36, the Defendant openly sent his sexual organ to the building Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and kneee and kneee in front of Fdong.

"200 Highest 910"

3. On February 10, 2020, the Defendant: (a) came to have been on the street in the Yeongdeungpo-gu Seoul Metropolitan City G market; (b) opened an atmosphere where the victim H’s management is not neglected; and (c) cut off seven diseases (1,200 won per disease) owned by the victim in total amount of KRW 8,400.

Summary of Evidence

[1] Paragraph 1 (2019 Highest 1998)

1. Police suspect interrogation protocol of the accused;

1. Written statements prepared in D;

1. Paragraph (2) of the judgment (related to images of a suspect at the site of the case) on a criminal investigation report (related to images of a suspect at the site of the case);

1. Police suspect interrogation protocol of the accused;

1. 112 reported case handling table;

1. Investigation report (victim I and telephone communications);

1. Paragraph (3) of the judgment on site photographs (2020 altitude910);

1. Police suspect interrogation protocol of the accused;

1. A statement prepared by H;

1. Records of seizure and the list of seizure;

1. Previous records shown in the 112 Reporting Case Handling Table;

1. Application of Acts and subordinate statutes on criminal records, etc., investigation reports (A), confirmation of the absence of disposition, and copies of judgment, etc.), and current status of accommodation of individuals;

1. Relevant Article 245 of the Criminal Act, Articles 245 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment for a 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) of the Criminal Act are applicable;

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