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(영문) 부산지방법원 2015.05.07 2015고단1144
공연음란
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 27, 2010, the Defendant was issued a summary order of KRW 1 million as a public performance and obscene crime at the Busan District Court on March 25, 2013, and a fine of KRW 3 million as a public performance and obscene crime at the Changwon District Court on March 25, 2013, and on June 25, 2014, the Defendant was sentenced to imprisonment for 6 months as a public performance and for 2 years as a public performance and obscene crime at the Busan District Court on July 3, 2014, and is still under suspension of execution.

On February 15, 2015, at around 22:25, the Defendant 721, at the 1st floor of the “Ondok General Hospital” located in Busan High-gu, Busan High-gu, the Defendant 20 minutes of 1st century, when female patients, such as the patient C (the victim, 24 years of age), were fluored by using a bank that was in possession when they were seated and fluored, and when female patients or fluords were seated, the Defendant she fluored for about 20 minutes of her body, fluoring the fluor and fluoring the fluor, bruing the sexual organ with the fluor and fluoring the fluor.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of statutes on site photographs;

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is that the defendant has been punished three times for the same crime (one time of suspended execution of sentence and two times of fines). The sentence of imprisonment is inevitable when the defendant again commits the crime in this case during the suspended execution period due to the same crime, and the sentence is determined as ordered in consideration of the defendant's age, character and conduct, environment, etc.

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