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(영문) 대전지방법원 2013.05.29 2012고단3390
공연음란
Text

A defendant shall be punished by imprisonment for six months.

An order the accused to take a lecture for sexual assault treatment for 40 hours.

Reasons

Punishment of the crime

1. On October 13, 2011, the Defendant was sentenced to four months of imprisonment with prison labor for public performance and obscenity in the Daejeon District Court on April 13, 201 and completed the execution of the sentence in the Daejeon Prison on December 30, 201.

2. Criminal facts [2012 Highest 3390] Around September 10, 2012, the Defendant publicly obscenity committed an obscene act in a way that, in the vicinity of Daejeon Seo-gu Daejeon C1 Complex, a large number of unspecified people with no knowledge of his/her name was reported, and that, in turn, he/she laid down his/her sexual organ into his/her hands.

[2013 Godan1553] On August 17, 2012, the Defendant: (a) 20:26, at the front point of “E” located in Seo-gu Daejeon District, Daejeon, the Defendant laid down down a lower door in front of an unspecified number of public actors who passed the said place; and (b) laid off a large part of a nearby sexual organ and laid back a large line to the outside of the sexual organ, and openly obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. A criminal investigation report (general);

1. Previous records: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc., investigation reports (Attachment of a copy of the judgment), identification and confinement status of each individual;

1. Article 245 of the Criminal Act concerning the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment specified in the public performance and obscenity crime as of September 5, 2012, with heavier punishment)

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant for the reason of sentencing, even though the Defendant was sentenced to a fine and imprisonment for the same kind of crime, and the Defendant committed the instant crime again during the period of repeated crime, taking full account of the following: (a) the Defendant’s age, character and conduct, environment, background and background of the crime, means and consequence of the crime; and (b) the Defendant’s age, character and conduct, circumstances leading to the crime, and circumstances before and after the crime, etc., the sentence against the Defendant shall be determined as ordered.

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