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(영문) 의정부지방법원 2020.12.18 2020고단3343

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 May 11, 2020, the Defendant: (a) around 15:30 on May 11, 2020, around 2020, on the following: (b) around 15:30, the Defendant boarded a bicycle and returned to the said park; (c) opened a bridge and opened a bridge and opened a sexual flag and exposed it to the 10 young students, including D (Nam, 11).

Accordingly, the Defendant publicly committed an obscene act.

around 17:20 on September 10, 2020, the Defendant 2020 Godan4781, on the 17:20 September 10, 2020, she laid a bicycle with a stove with a stove, and laid the bicycle and laid the bicycle openly obscene act.

Summary of Evidence

[Attachment 2020, 3343] Defendant’s legal statement D’s bicycle photographs 2020, 4781]

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes governing bicycle 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 the main sentence of Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reason 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 is to again punish the defendant who committed the instant crime, even though he/she had the record of having received his/her wife for the same kind of crime

However, some favorable circumstances such as the defendant's confession of the crime of this case, the defendant's efforts to avoid repeating the crime of this case, and suffering from hearing disorder and heart disorder, etc., and the parents of some victims want the defendant's prior wife, etc. are also recognized. In addition, the punishment shall be determined as ordered by the order, taking into account all the factors of sentencing, such as the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime.