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(영문) 서울남부지방법원 2020.01.17 2019고단5729
공연음란
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 25, 2017, the Defendant was sentenced to six months of imprisonment for the crime of interference with business at the District Court, etc., and completed the execution of the sentence in the medical prison on April 19, 2018.

On May 15, 2019, the Defendant: (a) around 13:07, at around 15, 2019, committed an obscene act, such as D (n, 63 years of age, E (n, 50 years of age) and E (n, 50 years of age) located in Yeongdeungpo-gu Seoul Metropolitan Government; and (b) d (n, 63 years of age, E (n, 50 years of age

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Investigation report (related to telephone communications of victims);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (including criminal records, repeated crimes of suspects, and documents attached thereto);

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Circumstances that are favorable to the reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities: A person committed a crime without being aware of during the period of repeated crime and is willing not to repeat a crime; a person committed a crime without being aware of such circumstances; a person committed a crime two times as a performance and obscenity; a person who has committed an indecent act in a public smuggling place more than 20 times; a person has been subject to criminal punishment more than 20 times; and other circumstances that constitute the sentencing conditions shown in the records and arguments of this case, such as age, character and behavior, environment, motive and means of the crime, and the circumstances after the crime, etc.

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