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(영문) 춘천지방법원 2018.09.07 2018고단733

공연음란

Text

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

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

Reasons

Punishment of the crime

1. On May 14, 2018, the Defendant: (a) opened a brupt and opened a brush in front of C, located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and reported by D (W, 40 years of age), E (n, 38 years of age); and (b) opened a brush and opened a brupt and openly obscene act.

2. On June 4, 2018, the Defendant opened a bucker and opened a sexual organ in front of G stores located in the Hongcheon-gun, Hongcheon-gun, G stores, and reported by H (L, 17 years of age). On June 4, 2018, the Defendant laid the bucker and publicly obscenity.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with respect to D, E, and H;

1. A written statement of I;

1. Application of Acts and subordinate statutes to a criminal investigation report (in cases of attaching guidance to the place of gathering by the accused), photograph of the crime, the list of the cases reported 112, and a criminal investigation report (related to the closure of the reporter's motion picture

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., circumstances in which the defendant undergoes medical treatment due to the symptoms of dementia, the fact that there is no particular criminal history, the age, environment, health conditions, circumstances after the crime, etc.);

1. Article 62-2 of the Criminal Act on the observation of protection and observation (see, e.g., circumstances in which acts as stated in its reasoning are committed and circumstances in which surrounding areas

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;