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(영문) 수원지방법원 성남지원 2018.11.09 2018고단1908
공연음란
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 30, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for an obscene crime at the Sungnam support of Suwon Friwon, and completed the execution of the sentence on April 2, 2018.

The Defendant: (a) around August 31, 2018, at around 08:40 on August 31, 2018, parked D Karen car on the roadside in Gwangju-si and opened a lighting window to make it possible for many unspecified people to view the surrounding area of the vehicle, such as E (V, 15 years of age) where the Defendant passes the vehicle; (b) suck back back back the driver’s seat; and (c) taken out the scar.

The act of self-defense was committed.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A list of 112 reported details;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report ( current status of personal confinement and attachment of separate judgments);

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

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

1. The Defendant and his defense counsel asserts that the Defendant had mental and physical weakness due to mental illness, such as exposure evidence, etc. at the time of committing the instant crime.

However, according to the records, the Defendant had weak ability to discern things or make decisions due to exposure, etc. in full view of all the circumstances such as the background, details and mode of the instant crime, and the Defendant’s behavior before and after the instant crime.

It does not seem that it does not appear.

Therefore, the above argument is not accepted.

The reason for sentencing is that the defendant shows an attitude that the defendant led to confession and seriously reflect on the crime of this case in this court, considering the circumstances favorable to the defendant, and the recent reason for the death of the defendant is not clear.

However, the defendant has a number of criminal records of the same kind, in particular, the same crimes.

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