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(영문) 서울중앙지방법원 2018.01.25 2017고단4955
공연음란
Text

A defendant shall be punished by imprisonment for six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

around 18:40 on July 2, 2017, the Defendant, “2017 Godan 49555,” left her sexual organ in front of the D-road located in Jongno-gu Seoul, Jongno-gu, Seoul, and had many and unspecified persons, who have passed the seat, look at the shape of the Defendant’s sexual organ.

Accordingly, the Defendant publicly committed an obscene act.

around 16:50 on September 12, 2017, the Defendant, “2017 Godan 7417,” sent to the front of the F cafeteria located in Jongno-gu Seoul, Jongno-gu, Seoul, in order to see the shape of the Defendant’s sexual flag.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

"2017 Highest 49555"

1. Statement by the defendant in court;

1. Report on investigation (to take photographs of the scene of crime);

1. One copy of the statement of the processing of cases to be reported 112 : "2017 Highest 7417";

1. Statement by the defendant in court;

1. Report of investigation (teleline Investigation);

1. Application of investigation report (the arrival status of a suspect and request for emergency hospitalization) Acts and subordinate statutes;

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

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 reasoning for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order was that the Defendant received a summary order of KRW 3 million as an indecent act committed by force at the Seoul Central District Court on March 10, 2009, and received a summary order on several occasions on the grounds of exposure to sex.

However, considering the favorable circumstances in which the defendant recognized the facts charged and reflected, the defendant's age, sexual conduct, environment, motive and result of the crime, etc. shall be determined by comprehensively taking into account the various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, etc.

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