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(영문) 의정부지방법원 2019.10.31 2019고단2451
공연음란
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

At around 18:00 on June 8, 2019, the Defendant, at the Government of the Gyeonggi-si, carried out a sexually obscene act without putting any clothes in front of the Cdong of the building C, and returned to the state of sexual exposure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to photographs which notify a department related to 112 reporting, or photographs the appearance and place of occurrence of a suspect at the time of transfer;

1. Article 245 of the Criminal Act applicable to the crimes and Article 245 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service or lecture attendance order;

1. The crime of this case 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, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities, where the crime of this case is based on the punishment of the Act on Welfare of Persons with Disabilities, is one of the defendant's clothes, and the method and form of the crime are not good. Furthermore, the defendant is deemed to have inflicted substantial damage on the surrounding environment, such as driving away another person in his/her own condition and taking a bath, and the crime is more severe.

Although the defendant has been punished twice the suspension of the execution of imprisonment with prison labor due to the same crime, and once the fine, it does not seem to change any particular matter, and the defendant repeats the same mistake.

A more severe punishment should be followed against the defendant.

However, in full view of favorable circumstances, such as the recognition and reflection of the instant crime, and other favorable conditions, such as the Defendant’s age, character and conduct, family environment, motive and background of the instant crime, means and consequence of the crime, and the circumstances before and after the instant crime, the punishment shall be determined as ordered by the Disposition.

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