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(영문) 서울서부지방법원 2018.11.07 2018고단2928
공연음란
Text

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

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

Reasons

Punishment of the crime

around 11:55 on June 17, 2018, the Defendant taken out the sexual organ towards many and unspecified people in front of D’, located in Mapo-gu Seoul, Mapo-gu, Seoul.

In other words, a patently obscene act was committed by using one hand and scambling self-defense.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each statement of F, G and H;

1. A criminal investigation report (to be submitted by a wooden player), a criminal investigation report (to be reported on the results of viewing and listening to video CDs);

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

1. Selection of imprisonment with prison labor chosen;

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

1. In addition, on March 31, 2017, the Defendant, who was sentenced to a suspended sentence of 8 months in Seoul Western District Court for special assault, etc. on April 8, 2017, was sentenced to a suspended sentence of 2 times or more for the same crime as the sentencing of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse, which was subject to employment restriction order, and was sentenced to a suspended sentence of 2 months, but the said judgment was finalized on April 8, 2017. However, on October 22, 2018, the said suspended sentence was revoked and is currently serving the said imprisonment.

In light of the fact that the crime of this case was committed during the crime of this case, the punishment for the crime of this case is to be sentenced without prison labor; the defendant reflects his mistake; the defendant is serving a prison term suspended after the suspension of execution was revoked due to the crime of this case; and other sentencing conditions specified in the records, such as the defendant's age, sex behavior, environment, etc., shall be determined as ordered by the sentence.

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