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(영문) 인천지방법원 부천지원 2014.04.02 2014고단124
공연음란
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 8, 2013, the Defendant was sentenced to three years of imprisonment and five years of suspension of execution on March 1, 2014 in the Incheon District Court’s Busan District Court’s Branch for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

At around 10:00 on December 23, 2013, the Defendant openly committed an obscene act by getting out of the front seeing the female, E, F, etc., who are going to walk around the D building in Bupyeong-gu, Seocheon-gu, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E and F;

1. Previous records of judgment: Application of the Act and subordinate statutes to refer criminal records and investigation reports (report attached to previous records and written judgments);

1. Relevant Article 245 of the Criminal Act concerning the facts constituting an offense and Article 245 of the Selection of Punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. On November 8, 2013, in light of the fact that the Defendant was sentenced to three years of imprisonment and five years of suspended execution due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Incheon District Court’s Branch Branch, etc. on November 8, 2013, and the Defendant committed the instant crime while continuing the appellate trial, it is necessary to strictly punish the Defendant.

However, it appears that the defendant has committed the crime of this case because he/she was fully aware of his/her own crime, the defendant was unable to suppress his/her sexual impulse, and was hospitalized due to sexual disorder after the crime of this case, etc., and that he/she is expected to engage in treatment in good faith in the future. On November 8, 2013, the defendant was sentenced to three years of imprisonment and five years of suspended execution on March 1, 2014, and the judgment became final and conclusive on March 1, 2014.

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