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(영문) 서울북부지방법원 2015.08.13 2015고단2264
공연음란
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 160 hours.

Reasons

Punishment of the crime

On October 15, 2014, the Defendant was sentenced to eight months of imprisonment for public performance and obscenity by the Seoul Northern District Court, and completed the execution of the said sentence on June 12, 2015.

1. On June 17, 2015, at around 08:00, the Defendant openly imprisonedly committed an obscene act by bringing his half- and panty to knee and panty, as shown in the column to F (F, 52 years of age), G (Nam, and 59 years of age) where she was travelling along a rail with the passage through which people of Seongbuk-gu Seoul and D elementary apartments are allowed to walk.

2. At around 08:00 on June 25, 2015, the Defendant opened an entrance to work in the corridor at which 8th and upper floors of the above E Apartment 201 are accessible to people, and displayed the body of her clothes off, as seen in the column to H (the age of 19).

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of H;

1. A written statement in F and G preparation;

1. A report on investigation (Attachment of a field photograph);

1. Previous records: Application of criminal records, etc., investigation reports (Attachment to judgments, etc.), and Acts and subordinate statutes concerning personal identification and confinement status;

1. Relevant Articles of the Criminal Act and Articles 245 of the Criminal Act concerning the facts constituting a crime (the point of each obscene act and the choice of imprisonment);

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to order to complete program recognizes all crimes.

However, the nature of the crime is not good in light of the content, frequency, and method of the crime.

In addition, the Defendant had been punished for public performance and obscenity on five occasions from 2007 to 2014 in addition to two times due to the violation of the Act on the Protection of Juveniles against Sexual Abuse (Juvenile Rape, etc.) and the crime of indecent act by compulsion, and there is no criticism in that the Defendant committed each of the crimes as stated in the judgment within the repeated period of the same crime as indicated in the judgment.

2.2

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