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(영문) 대구지방법원 서부지원 2012.09.27 2012고단831

공연음란

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 23, 2012, at around 11:20, the Defendant stopped the bus stops in front of the bus stops located in the Gyeongbuk-gun C, the Gyeongbuk-gun, the Gyeongnam-gun, the Defendant committed a self-defensive act so that he can see e (e.g., 17 years old), F (n, 18 years old), etc., by opening the bus stops in front of the bus stops operated by the Defendant, beyond the rear seat.

Accordingly, the Defendant used a patently obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 245 of the Criminal Act applicable to the crimes;

1. It appears that the Defendant’s crime of sentencing alternative to imprisonment with prison labor was attributable to the mental illness called “inception”.

However, considering the fact that the defendant had been punished four times for the same crime, again committed the crime of this case, and that the defendant has not been punished for a long time since he was detained for the crime of 1994, each fine of 1 million won in 2007 and 2009, and 2 million won in 2010, and each sentence of 8 months in 2010 and in 2 years in suspension of execution, it is necessary to sentence the defendant to the punishment for the defendant.

Therefore, in consideration of the defendant's age, occupation, family relationship, etc., the punishment is determined as ordered.

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