(영문) 의정부지방법원 2021.01.22 2020고단4099

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(영문) 의정부지방법원 2021.01.22 2020고단4099

공연음란

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2020, the Defendant: (a) around 19:46 on July 1, 2020, around the bicycle storage box in front of the Chuncheon Line C, G, and other unspecified people, including D (M, D, 31 years old); and (b) taken knee with his sexual flag in front of the G, G, and other unspecified people.

The act of self-defense was done in the front and rear by hand.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and the main sentence of Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. The sentence of imprisonment shall be imposed, taking into consideration the following circumstances: (a) even though the Defendant was subject to several fines on the grounds of sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (b) the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act, he/she again committed the instant crime; (c) and (d) he/she made a vindication that makes it difficult for him/her to obtain by

However, it is recognized that the defendant led to the confession of the crime of this case and did not repeat the crime, and that some favorable circumstances such as the defendant is the disabled of class 4 with physical disability have been recognized, and other factors such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined in consideration of all the factors of sentencing, such as the defendant's age, sex, intelligence and environment

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-아동ㆍ청소년의 성보호에 관한 법률 제56조 제1항

-형법 제62조 제1항

-형법 제245조

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