beta
(영문) 서울서부지방법원 2021.01.13 2020고단3676

공연음란

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 22, 2020, the Defendant discovered C (here, 25 years of age) returning home in the neighboring street B of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and exposed her sexual organ, and openly committed an obscene act by using her self-defluence.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation in the C’s statement (CCTV image analysis and specification of suspect);

1. Application of field photographs and statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. In light of the method of crime committed on the grounds of sentencing of Article 56(1) main sentence of the Act on the Protection of Children against Sexual Abuse and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities, the nature of crime is poor.

The defendant has a record of criminal punishment for the same crime.

However, the fact that the defendant seems to have an attitude against the defendant while making a confession of crime is favorable to the defendant.

In addition, the defendant's age, sex, environment, family relationship, family environment, circumstances after committing the crime, etc., and various sentencing conditions as shown in the records and arguments after committing the crime shall be comprehensively determined as ordered.