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(영문) 의정부지방법원고양지원 2020.12.03 2020고단1557
공연음란
Text

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

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

Reasons

Punishment of the crime

1. On October 9, 2016, around 08:51, the Defendant openly committed an obscene act, such as: (a) from the front corridor of “CPC” located on the second floor of the building B in Goyang-gu, Mangdong-gu, Mangsan-si; and (b) from the entrance, the Defendant, at the front door of the building B, she viewed the right side of the PC bank as a part of the entrance, and she took a part in the PC, and then she took part in the PC, and then she took part in the act of self-fashing the sexual organ.

2. On November 6, 2016, around 09:17, the Defendant openly committed an obscene act, such as: (a) leaving the PC inside the place specified in paragraph (1); (b) leaving the front door of the entrance in glass, viewing the said D, a part-time Earbiopia, and booming the sexual organ; and (c) committing an indecent act.

Summary of Evidence

Defendant’s legal statement

1. Application of Acts and subordinate statutes to Chapter 1 of CCTV records on police statements made to D;

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

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

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 2018 of the Addenda to the same Act;

3.13.13.) The proviso to Article 2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) and the main sentence of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Dec. 11, 2018); the circumstances unfavorable to sentencing in the main sentence of Article 59-3(1) of the Addenda to the Welfare of Disabled Persons Act (amended by Act No. 15452, Dec. 2, 2018) are considerably poor

Along with the age of witness to the crime of this case, a staff member of the PC bank suffered considerable sexual humiliation and mental shock.

The defendant committed a crime of violation of the Child Welfare Act due to sexual crimes or sexual harassment, including the same power twice, in total four times, and the crime of paragraph (1) of the judgment was committed during the period of suspension of execution of the same kind of power.

Each crime of this case.

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