beta
(영문) 서울북부지방법원 2014.11.12 2014고단3045

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 August 1, 2014, the Defendant: (a) around 00:40 on August 1, 2014, between the packaging horse installed in the front of the D cafeteria located in the Gangnam-gu Seoul Metropolitan Government, the Defendant laid down a bell and laid off the sexual flag out of it; (b) made telephone conversations at the front of the D cafeteria; and (c) made a telephone call at the front of the D cafeteria; and (d) made a public obscene act, such as talking the Defendant’s sexual organ in his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

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 punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the imposition of a fine equal to that imposed for the reason of sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to attend a lecture or community service order; (b) the Defendant’s age, character and conduct, family relationship, motive, means and consequence of the crime