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(영문) 수원지방법원 평택지원 2018.11.22 2018고단1263

공연음란

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 28, 2018, at around 10:20, the Defendant discovered the appearance of engaging in sales promotional activities in D’s adjacent to “CMat”, which is located in Pyeongtaek-si B, and laid down a spread, and openly obscenityed sexual instruments.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each internal investigation report and investigation report;

1. Application of CCTV image Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's age, occupation, home environment, social relationship, criminal record and risk of recidivism under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend an Employment, and the motive, method and result of the crime of this case, the degree and anticipated side effects of the defendant's disadvantage due to the order to restrict employment, the prevention of sex crimes that may be achieved by such order, and the effect of protecting the victims thereof, there are special circumstances under which the employment of the juvenile-related institution, etc. may not be restricted;

Since it is determined, an employment restriction order shall not be issued to the defendant pursuant to the proviso of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The fact that the defendant has the same criminal history as the defendant for the reason of sentencing, that the defendant repents and reflects his mistake, and that only the defendant has the same criminal history as the second fine, etc. shall be taken into account in sentencing.