beta
(영문) 대구지방법원 서부지원 2018.11.13 2018고단1378

공연음란

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On February 2, 2018, the Defendant 21:28, around Daegu-gu B, Daegu-gu, where many and unspecified people appear in nearby forests, and publicly made obscene acts, such as taking a sexual organ by hand and salking sexual organ, etc.

2. On February 28, 2018, around 06:40, the Defendant publicly committed obscene acts, such as putting a woman’s inner clothes in a way that he/she takes away and shaking her sexual organ, while viewing that a large number of unspecified persons elapsed in the Daegu Western-gu, Daegu-gu, Daegu-gu.

3. On April 9, 2018, around 07:55, the Defendant made a publicly obscene act, such as getting out of the place where a large number of unspecified persons are considered to pass on the Do road of Daegu-gu, Seogu, Daegu-gu, 2018, and booming the sexual organ with her hand and her strings.

4. On April 13, 2018, around 07:05, the Defendant made a publicly obscene act, such as making a brush and scambing sexual organ by hand, while viewing that an unspecified number of people passed in the Daegu Western-gu E, Daegu-gu, Daegu-gu. Around 07:05.

5. On April 30, 2018, around 06:50 on April 30, 2018, the Defendant made a public and obscene act, such as f in Daegu-gu, Daegu-gu, where a large number of unspecified people are considered to pass through, and booming the sexual organ by hand, etc.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes to each investigation report (Submission of a photograph of victim evidence, victim I telephone call, and victim J telephone call);

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

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;

1. Article 16 (2), (3), and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. The Defendant, on the grounds of sentencing of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, is a special rape, including imprisonment.