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(영문) 서울중앙지방법원 2020.11.12 2020고단6242

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 May 3, 2020, at around 18:30, the Defendant opened his spawn and spawn in front of the Jongno-gu Seoul Jongno-ro 27-ro 84, 2020, while many and unspecified people pass, and returned to the surrounding areas.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Report on investigation of the police interrogation protocol B by the defendant (the suspect's arrival at the time of committing the crime)

1. Details of 112 reported, 112 motion pictures, and application of CCTV-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is that the Defendant had a record of being sentenced to a fine of 2.5 million won as a crime of public performance and obscenity at the District Court on September 16, 2014, and that the Defendant committed obscene acts in front of the park in which many and unspecified persons frequent, and that the witness is not good to have shown a strong dis

However, it is somewhat advantageous to consider the fact that the defendant, while denying a part of the crime in an investigative agency, has committed the crime in this court, he/she would not repeat the crime in light of the whole time and reflects to the court. In addition, the defendant's age, character and conduct, environment, motive and consequence of the crime, and all of the sentencing conditions specified in the arguments in this case, such as the circumstances after the crime, shall be sentenced to the