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(영문) 서울북부지방법원 2015.07.16 2015고단1866

공연음란

Text

A defendant shall be punished by imprisonment for six 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

The Defendant was addicted to the Internet obscenity for three years, and had another sexual impulse that he wanted to be exposed to an unspecified number of young women. On July 7, 2014, around 23:30 of Seoul Dongdaemun-gu, the Defendant publicly obscenity committed an obscene act nine times in total as shown in the attached list of crimes, including the Defendant’s act of openly obscenity by leaving her home on a alleyway and committing self-defabing sexual organ from around that time to April 5, 2015, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement on E, D, F, G, H, I, J, K, L, M (Evidence List 5, 10-18, 24);

1. Photographs;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Articles of the Criminal Act and Articles 245 of the Criminal Act concerning the facts constituting a crime (the point of each obscene act and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated in the No. 9 of the List of Crimes with the most severe offense);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service or attend lectures;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the act of the Defendant, who was detained on May 26, 2015, by choosing the treatment of the Defendant within society, taking into account the motive, age, character and conduct, living environment, etc. of the Defendant’s principal sentencing factors such as crime motive, character and conduct, and living environment, with respect to the recognition of the crime of suspending the execution of imprisonment, the initial crime, and the act of the Defendant, who committed a crime of the same kind, committed a crime infringing on the social legal interests of sound sexual morals, is not good