beta
(영문) 부산지방법원 2014.11.19 2014고단7710

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

At around 16:30 on July 31, 2014, the Defendant laid off 5-6 passengers, such as C, etc., from the Southern Station platform of the urban railroad 2 line, which was located in Suwon-gu, Busan, Suwon-ro, 410, to the outside of his sexual organ so that passengers can see it, and committed an obscene act, such as taking the sexual organ by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of CCTV Acts and subordinate statutes;

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, Article 62 (1) of the suspended execution of sentence, and the fact that the defendant is punished three times for the same crime, but continues to receive mental and medical treatment for exposure, and that he is old;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;