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(영문) 인천지방법원 부천지원 2016.07.20 2016고단989

공연음란

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a park working in a manufacturing plant of handbag.

1. Around 07:50 on January 25, 2016, the Defendant discovered the victim D (e.g., age 43) coming from the off in order to work in the front of the Ocheon-gu C apartment, Ocheon-si, and found out the victim D (e.g., 43 years of age) who was coming from the front of the Ocheon-gu, Ocheon-si in order to work in the middle of the mast, laid down the math of the math, and laid down the math of the math, thereby causing sexual humiliation to the victim.

2. On February 6, 2016, the Defendant discovered the above D, which was walked at around 07:50, to work in the same place, caused the victim to feel sexual humiliation by inducing the victim to feel sexual humiliation by pointing out the above D, setting up the fluor, and putting out the fluor, and allowing the victim to feel “as the victim goes outside.”

3. On February 17, 2016, the Defendant discovered a female with the name of the victimized person coming ahead of the above D at the same place at around 07:50 on February 17, 2016, and her walked to the victim with the exposure of the sexual organ in the same manner as above 2.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes in which statements made by the police in D are recorded;

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

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

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

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed several short-term crimes under the relatively short-term sentence, including the fact that there is no agreement with the victims, etc., and the fact that it appears that the confession and the mistake of the victims are divided, and that the recidivism is not committed through mental treatment, etc., favorable circumstances, such as the fact that the recidivism is committed through the mental treatment, and other circumstances prescribed in Article 51 of the Criminal Act shall be determined as the sentence as per Disposition