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(영문) 수원지방법원 안양지원 2020.06.17 2020고단381

공연음란

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 6, 2019, the Defendant: (a) around 21:18, around 21:18, at the front of the stairs located at the entrance of Overcheon City B and C through D, and (b) at the front of the stairs located at the entrance of an underground road, and (c) at the age of E (one’s name, half, and 29) the Defendant turned out to the bar, cut out the sche, and schepted in front and rear.

As a result, the Defendant openly committed obscene acts at a public place where many unspecified people can recognize.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Application of the CCTV reading photographs for crime prevention Acts and subordinate statutes 11;

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 main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The grounds 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 are as follows: The punishment shall be determined as ordered by comprehensively taking into account all the conditions of sentencing as shown in the arguments in the instant case, including the age, character and conduct, environment, motive, means and consequence of the crime

Unfavorable circumstances: The fact that a woman who has observed the instant crime appears to have experienced considerable shock, fear, and displeasure; the defendant has been punished twice by a fine for the same crime; and other circumstances favorable to the fact that there are several times of criminal punishment: The fact that it is against the depth by recognizing the crime.