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(영문) 서울남부지방법원 2019.10.11 2019고단3905

공연음란

Text

A defendant shall be punished by imprisonment for 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 25, 2019, from around 13:55 to 14:26, the Defendant laid the sexual flag out of clothes and laid the bitle in Geumcheon-gu Seoul Metropolitan City B Park, from around 13:5 to around 14:26.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service and attend lectures;

1. Circumstances unfavorable to the reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities: The facts charged are recognized, the fact that there is no criminal record of a suspended sentence or higher: The defendant's age, character and behavior, environment, motive, means and consequence of the crime, and other circumstances that constitute the conditions for sentencing appearing in the records and arguments of this case, including the circumstances after the crime, shall be determined as ordered by taking into account all the circumstances