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(영문) 대구지방법원영덕지원 2020.08.12 2020고단139
공연음란
Text

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

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

Reasons

Punishment of the crime

On September 13, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for public performance and obscenity in the Yeongdeungpo Branch of the Daegu District Court on September 13, 2017, and completed the execution of the sentence on March 12, 2018.

On May 4, 2020, from around 14:04 to 14:44 of the same day, the Defendant: (a) parked a CM3 car owned by the Defendant on the front side of the Gyeong Young-gun, Chungcheongnam-gun; (b) laid down a cM3 car on the driver’s seat and laid down a sexual flag into the driver’s seat; and (c) went through the said path, and (d) and E (a) (a) showed the Defendant’s self-defense act through the front glass of the said car, thereby openly obscene act on the path through which many unspecified people pass.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. A report on occurrence, each internal investigation report, and each investigation report;

1. Automobile registration certificate;

1. Each photograph, CCTV, video CD;

1. Previous records of judgment: Investigation reports (verification of suspect's same kind and repeated records), criminal records, and application of Acts and subordinate statutes;

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

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

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

1. The grounds for sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities recognize all of the instant crimes. After the instant crime, the Defendant was treated as a mental disease with which he/she is committing.

However, if the defendant was punished by a fine in 2014, by a fine in 2014, by a fine in 2016, by a fine in 2017, by a fine in 2017, by a criminal sentence in 2017, and by a repeated crime again committed the crime in this case during the repeated crime period, it is difficult to see that the defendant has shown that he was able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able

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