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(영문) 서울동부지방법원 2015.02.10 2014고단3046

공연음란

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 21, 2014, at around 14:10, the Defendant shown that “I do not have females and capitals, and changed their sexual organ only to I, 21 years of age,” referring to “I, at convenience stores located in Songpa-gu Seoul Metropolitan Government B and I, to “I, I do not have any females and capitals.”

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the draft D;

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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is as follows: (a) the nature of the crime in this case is not weak; (b) the victim wants to punish the defendant; and (c) the victim has a history of criminal punishment, such as multiple sentence, due to this type of crime, that is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and is against the nature of the crime of this case, there is no history of criminal punishment for the same kind of crime, and that the defendant suffers from the disease of the "Sule Eulthal Euld" and " alcohol dependence symptoms" is favorable to the defendant.

In this context, all the sentencing conditions, including the circumstances after the crime, age, character and conduct, family environment, etc., shall be determined as per the order.