Text
A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
[criminal records] On August 25, 2016, the Defendant was sentenced to six months of imprisonment for property damage by the Seoul Northern District Court, and completed the execution of the sentence in the Seoul Eastern House on January 17, 2017.
In addition, on May 25, 2018, the defendant was sentenced to one year of imprisonment with prison labor for the crime of assault, etc. in the Daejeon District Court's Incheon District Court's Branch on May 25, 2018 and the above judgment became final and conclusive on June 2,
[Judgment of the court below]
1. Plastic Defendant obscenity, at around 11:20 on July 11, 2017, in front of the center line of the road at the “C Hospital” located in Seocheon-si B, Seocheon-si, B, and in front of being viewed by many and unspecified people, such as D (n, 43 years of age), E (36 years of age) and in his/her hands, discharged a sex organ in his/her hands.
The patently shown obscene act was conducted.
2. On July 11, 2017, the Defendant destroyed the property damage by taking advantage of the Defendant’s wave Abcent Abcent Abcent A 120,00, the market price of which is equivalent to KRW 72,00,00, controlled by the victim’s father-Viewing green areas, which were in mind on the roads of “G” located in “G,” located in “B,” the front of the roads located in “G,” the area of which was located in the river.
[2] On July 14, 2017, the Defendant: (a) 22:27, Seocheon-si, Hacheon-si, Hacheon-si 10:20, 201, and damaged the free will of the ward under the market price managed by the injured party.
Summary of Evidence
[2017 Highest 2497]
1. Statement by the defendant in court;
1. Each police statement made with respect to E and D;
1. A written statement of theO;
1. The 112 reported case processing table, on-site photographs, respectively;
1. Previous convictions: Inquiry about criminal history, investigation report (verification of the period of repeated crime), and copy of the text of the judgment [the last sentence of 2017, 3029];
1. Statement by the defendant in court;
1. Statement made to I by the police;
1. Photographs of a shoulder glass;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (verification of the period of repeated offense), and copy of the judgment;
1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime (the point of obscenity) and Article 245 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.