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(영문) 의정부지방법원 2017.08.11 2017고단2348

공연음란

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On February 27, 2017, at around 00:44, the Defendant found the victim C (W, 19 years of age) who was fluored with the female verification color and white typanty in front of the Namyang-si, 2017, was parked, concealed after the parked vehicle, concealed the sexual flag, scambling, and returned to the Republic of Korea by hand, and then found the victim C (W, 19 years of age) who was able to do so.

2. On March 2, 2017, the Defendant entered the E convenience store located in Gui-si D at around 02:43, the same uniforms as those described in the foregoing paragraph 1, purchased goods, and examined the victim F of the employees of the convenience store (n, 16 years of age), and taken the Defendant’s sexual flag into the convenience store.

The act of self-defense was committed.

3. On March 3, 2017, around 04:50, the Defendant entered the H convenience store located in Namyang-si, G with the same uniforms as those described in the foregoing paragraph 1 at the H convenience store, and after purchasing goods, the Defendant I (n, 20 years old, and 20 years old, and the Defendant’s sexual organ inside the convenience store employees before receiving the scopon.

The act of self-defense was committed.

4. On March 8, 2017, around 03:56, the Defendant entered the convenience store as set forth in the above paragraph (1) at the K convenience store located in the Namyang-siJ on March 8, 2017, and examined the Defendant’s sexual organ at the convenience store employees L (n, 20 years of age) before receiving the oil payment after purchasing the goods.

The act of self-defense was committed.

Accordingly, the Defendant made a patently obscene act four times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of I, F, L and C;

1. Application of Acts and subordinate statutes to a report on investigation intelligence, each 112 report on the handling of the case, and CCTV photographs in each field;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. In light of the criminal intent of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the defendant, the time of the crime of the defendant, the place where the crime is committed (within the place of personal information or at the convenience of one female employee), the person subject to the crime, etc.