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(영문) 전주지방법원 2019.05.01 2018고단1736

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 April 9, 2017, around 23:30, the Defendant: (a) was hiding in the front door of the C University located in B in Seosan-si, B, the Defendant committed an act of self-defense in the front of the victims at a place where a large number of unspecified persons pass over ten times from the date and time to April 28, 2018, including the Defendant’s act of self-defense, in view of the dynamics of the victims D (the victims, 20 years of age, 20 years of age).

Accordingly, the Defendant made a patently obscene act over 10 times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made in relation to E, F, G, H, I, J, and D;

1. The K's statement;

1. List of 112 reported cases handled, respectively;

1. Data to capture the damaged female students on April 28, 2018;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes on site photographs and documentary evidence of photographs;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 against Probation and Order to Attend Courses;

1. The circumstances unfavorable to the reasons for sentencing under the main sentence of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) and Article 3 of the Addenda of the same Act (amended by Act No. 15452, Jan. 16, 2018): The victims suffered emotional distress, such as fear and aversion, by engaging in obscene acts against many and unspecified female students in a certain area; the period of the crime is long, and the number of crimes is more favorable: (a) the victims are recognized and are expressed in depth; (b) the psychological treatment is being given more favorable; (c) there is no record of criminal punishment; and (d) the Defendant’s age, character and conduct, motive, background, means and consequence of the crime.