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(영문) 서울남부지방법원 2019.05.22 2018고단3383

공연음란

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 02:20 on May 12, 2018, the Defendant laid off his clothes in front of Yeongdeungpo-gu Seoul Metropolitan Government under the condition that many and unspecified persons, such as C, etc., are viewed as having been engaged in an obscene act for about 10 minutes.

"2018 Highest 4271"

1. On July 8, 2018, the Defendant: (a) around 00:45, around the police box located in Yeongdeungpo-gu Seoul Metropolitan Government D; (b) sent police officers with all clothes, putting them off “to house” and sound, and openly imprisoned a disturbance and imprisonating a disturbance.

2. On August 10, 2018, the Defendant: (a) 22:40 on August 10, 2018, at the eacs box, she took a bath to police officers on duty without any justifiable reason; (b) locked out the door that police officers are unable to enter again after the Defendant asked the Defendant; and (c) her pande and pande pansty and exposed to a sexual organ to publicly obscenity.

Summary of Evidence

"2018 Highest 3383"

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs "2018 Highest 4271";

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to each crime photograph (Evidence Nos 1 and 5);

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

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

1. In light of the contents and frequency of the crime of sentencing under Article 62(1) of the Criminal Act, the crime is not good, and the defendant was committed in a bona fide manner by failing to appear on several occasions on the trial date despite having received a writ of summons. However, the defendant recognized the crime of this case, and the defendant has no record of punishment of imprisonment with prison labor or heavier punishment for the same crime or suspended execution except for the crime of violation of the Punishment of Minor Offenses Act, and the defendant's age, character and behavior, family environment, and the motive and circumstances of the crime of this case, etc. shall be determined as ordered by taking into account all the following conditions.

The crime of determining whether the personal information is registered, disclosed or notified is subject to the order.