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(영문) 서울서부지방법원 2013.03.20 2012고단2022

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

On March 2, 2012, the Defendant received a summary order of a fine of five million won for public performance and obscene crimes at the Seoul Central District Court on March 2, 2012, the same criminal records are more than four times.

1. The Defendant, around 09:00 on September 23, 2012, carried out an obscene act openly by taking the sexual flag out of the bomer, among the seeing C, D, and E, around September 23, 2012.

2. On November 24, 2012, the Defendant: (a) around 01:30 on November 24, 2012, 201, at the 7nd elevator of the 7th floor of the F building in Seongbuk-gu, Sungnam-si, Sungnam-si, the victim G (in female, 32 years of age) did not keep the victim’s coming from the toilets; (b) was made a publicly obscene act by taking out the sexual organ out of the part of the victim’s view.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of C, D, and G;

1. Previous records: Criminal records and other inquiries, and the application of each Act and subordinate statutes on criminal investigation reports;

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime. Article 245 (Selection of Imprisonment with Labor);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the records of crimes by the accused, the background, mode, and reflection of the crimes in this case);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;