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(영문) 광주지방법원 2014.01.22 2013고단5354

공연음란

Text

A defendant shall be punished by imprisonment for four 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

1. On September 24, 2013, around 10:40 on September 24, 2013, the Defendant made a public presentation of sexual organ to many and unspecified persons, such as D (inn, 27 years of age) on the front of convenience points in Gwangju-gu, Seo-gu, and made a obscenity act.

2. On September 26, 2013, at around 09:10, the Defendant: (a) unloaded from the bus platform of Seo-gu, Seo-gu, Seo-gu, Gwangju, about many unspecified people, such as F (30 years of age), G (24 years of age); (b) produced sexual instruments; and (c) committed an obscene act by self-defense.

3. On October 14, 2013, around 09:07, the Defendant made a public obscenity parking lot located in Seo-gu, Seo-gu, Gwangju, about whether many and unspecified people, such as G (n, 24 years old), and produced a sexual organ, and made a public obscenity act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F, D, and G;

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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 on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the defendant has been sentenced once to a fine for the same kind of crime, but there is no record of criminal punishment except

1. Probation and order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes