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(영문) 의정부지방법원 고양지원 2019.07.25 2019고단1345

공연음란

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On September 7, 2017, around 20:20 on September 7, 2017, the Defendant: (a) viewed the direction of delivery from the Handong-gu B Apartment-dong, Mangdong-gu, Sinsan-si, and (b) reported that the victim D (at 20 years of age) passed; and (c) committed a openly obscene act by self-defluence of sexual organ.

2. On January 30, 2018, around 19:34, the Defendant: (a) reported that the FF elementary school located in U.S. Dong-dong, U.S.-dong, U.S.-dong; (b) was passing through the victim G (n.e., 15 years of age) and the day, and (c) committed an obscene act by openly taking the sexual organ out of the past.

3. On July 1, 2018, at around 15:40, the Defendant either 15:40 or 2, coming from the bottom of the elementary school in front of the elementary school listed in the foregoing paragraph (2) to the victim H (the 15-year old age), and made a patently obscene act by taking the sexual organ out from the ground.

4. On July 10, 2018, around 20:00, the Defendant publicly committed an obscene act by having the victim I (inn, 20 years of age) do the act of self-defabing the sexual organ at a multilateral son’s seat on the front of the F Elementary School as stated in the foregoing paragraph (2).

5. On April 11, 2019, around 22:06, the Defendant: (a) reported that the victim L (a name, leisure, 15 years old) passed in the face of the bridge column, which linked the J apartment and K apartment in Il-dong-gu, U.S., U.S., U.S., and K apartment, was sexually obscene by engaging in self-defense of the sexual organ at the end.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of each police statement concerning L, D, and G;

1. Application of Acts and subordinate statutes of the I;

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

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, to issue an employment restriction order;

1. Exemption from employment-restricted orders (welfare facilities for disabled persons) Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); and the Welfare of Disabled Persons Act.