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(영문) 대구지방법원 서부지원 2015.07.09 2015고단792

공연음란

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 6, 2015, around 22:28, the Defendant: (a) reported that three persons, such as the Cheongju, B (Y, 16 years of age, etc., gather together, talked about 16 years of age, she exceeded, she produced the sex organ, and she was skeing the sexual organ several times by hand.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol in C, B, and D to police laws and regulations;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is deemed to have committed obscene acts in favor of the victims who are high school students, and thereby, the minor victims might have suffered a large mental shock. The Defendant’s liability is heavy.

However, the punishment as ordered shall be determined by taking into account the following factors: the confession of the defendant and reflects his depth, the fact that the defendant has no record of punishment exceeding the same criminal record and fine, and the age, character and conduct, environment, motive and circumstance of the crime, relationship with the victim, circumstances after the crime, etc.