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(영문) 의정부지방법원 2021.01.29 2020고단4040

공연음란

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 18, 2020, the Defendant: (a) 15:22 around Guri-si bus stops located in C in Guri-si B, which could be seen by many unspecified persons on the road in front of the unspecified bus stops, and (b) made a public obscenity act by holding a fluor car driving seat, leaving a fluor, leaving a fluor, leaving a sexual organ, leaving a brush by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

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

1. Article 16 (2) and the main sentence of Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. The sentence of imprisonment shall be imposed in consideration of the following facts: (a) even if the defendant was subject to the punishment of a fine under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (b) the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act; and (c) he/she again committed the instant crime; and (d) he/she made a vindication that makes it difficult for him/her to understand

However, some favorable circumstances such as the defendant's confession of the crime of this case and the fact that the defendant did not repeat the crime of this case, and that many people did not exposed to obscene acts, etc., are recognized, and the punishment as ordered shall be determined by taking into account all the factors of sentencing, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime.