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광주지방법원 2018.05.16 2018고단470
공연음란
Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

On February 11, 2018, at around 02:40, the Defendant driven away the victim D (the age of 27) at approximately 20 meters, after cutting down his sexual organ, around 02:0 on the side side of the Gwangju Mine-gu C apartment.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (attaching a list to handle reported cases) (112);

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation report (the confirmation of criminal history of criminal history);

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

1. The reasons for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order was sentenced to imprisonment with prison labor for not less than four months on June 16, 2017 by the Gwangju District Court on the grounds of forced indecent act and obscene act and public performance, and the judgment on December 28 of the same year became final and conclusive and conclusive on December 28 of the same year.

The Defendant had the same criminal record and the same criminal record as the above suspended sentence, and even during the suspended sentence, repeated the crime of this case, and continue to meet the victim's mental impulse, and therefore, has a heavy liability for the crime.

The defendant confessions and reflects the crime of this case, and family members are able to concentrate on the treatment of the defendant.

The sentence shall be determined as ordered in consideration of the period in which the suspension of execution is revoked and the additional sentence is to be served when the imprisonment of this case is finalized against the defendant.

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