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(영문) 부산지방법원 2021.01.13 2020고단4084
공연음란
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 11, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor for obscenity, etc. at the Busan District Court on November 9, 2019, and completed the execution of the sentence at the Busan Detention House on November 24, 2019. On July 24, 2020, the above court was sentenced to eight months of imprisonment with prison labor for obscenity for public performance and became final and conclusive on August 1, 2020. On October 8, 2020, the above court was sentenced to four months of imprisonment with prison labor for interference with the execution of public duties and became final and conclusive on October 16, 2020.

around 15:50 on July 4, 2020, the Defendant operated D cab while under influence of alcohol and without permission in the street room located in Busan Dong-gu B, Busan, and D cab.

E (the remaining, 70 years old) assaulted E and Sivit on the ground that she was flicking one time in the latter part of E (the age of 70) and she was flicked by the police officers who observed the act of openly obscene act in a way that she was off her clothes that she was flicked with all her body body, and she was released from all her clothes that she was flicked with, and indicating her sexual flag and her blick, and "I am punished once, I am h." and returned to her surroundings for about three minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. CDs and photographs;

1. Previous records of judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to the public performance by the suspect), investigation report (Confirmation of previous records and judgments of the suspect), application of each Act and subordinate statutes;

1. Article 245 of the Criminal Act applicable to the facts constituting an offense and Article 245 of the choice of punishment;

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

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

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

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