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(영문) 대전지방법원 천안지원 2019.02.08 2018고단2305

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

On July 27, 2018, at around 07:43, the Defendant: (a) laid down a bomer in front of the three-party 4-5 knivers of the Yongsan Doksan Dokcheon-si B train 4-5, and arrived at the D Station located in Asan-si C with the Defendant’s sexual flag on the front of the Defendant’s sexual organ, and caused many unspecified female passengers to feel a sense of aversion, by cutting the sexual organ from the 4-5 lower platform of the said train at the 4-5 lower platform of the said train.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. E statements;

1. Photographs of the sexual organ exposed to the defendant immediately before the crime is committed;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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 reason for sentencing under Article 56(1) main sentence and Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where the victims suffered from the crime of this case, and the mental impulses, has the record of punishing several times of fines due to the same kind of crime under similar Acts, and the defendant is led to the confession and reflect of the crime of this case, and other circumstances shown in the records and arguments, such as the level of public performance and obscenity crime of this case, shall be determined as ordered.