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(영문) 서울중앙지방법원 2017.11.23 2017고단6139

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around July 13, 2017, passed through a large number of unspecified women in D, located in Gangnam-gu Seoul on July 13, 2017, prior to the carpet E store located in Gangnam-gu Seoul, left the place of view of unspecified women in the carpet through the front glass of the above carpet, and taken the gender organ.

was made.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes governing the handling of photographs, 112 reported cases;

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

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

1. The reasons for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by Sexual Crimes committed by the Defendant are as follows: (a) on June 5, 1995, the Defendant received a summary order of KRW 300,000 as a crime of obscene performance at the Busan District Court; and (b) on September 26, 2014, the Seoul East District Court was sentenced to a fine of KRW 2 million as a crime of obscene performance.

The defendant is against his own behavior.

As the defendant committed the crime in this case at a place where people's passage, it seems that witnesses feel a sense of shame.

In addition, the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, degree of obscene act, etc. shall be determined by comprehensively taking into account the various sentencing conditions shown in the argument of the case.