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집행유예
(영문) 수원지방법원 2013.3.14.선고 2012고단6446 판결

2012고단6446공연음란·(병합)공연음란

Cases

2012 Highest 6446 Public performance obscenity

2013Mo230 (Joint Performance) obscenity

Defendant

J. (60 years old, South)

Residential Suwon City

Former North Korea of reference domicile

Prosecutor

Kim Sang-cheon, Magazine (prosecutions), Jinail (Public Trial)

Imposition of Judgment

March 14, 2013

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

To order the defendant to be put on probation.

Reasons

Criminal facts

[2012 Highest 6446]

1. On August 2012, 2012, the Defendant openly imprisoned 07:50, the Defendant committed an act of self-defashing, i.e., the panty and the panty in front of the Kim Jong-gu, Suwon-si, which was fleeped in front of the Gi-gu, Suwon-si, Suwon-si, and one other (hereinafter referred to as “Mi-gu, 13 years old”).

2. On August 2012, 2012: around 07:50, the Defendant made a patently obscene act in the same manner as in paragraph (1) above at the same place as in paragraph (1) in the same manner as in paragraph (1).

3. The Defendant openly committed an obscene act in the same manner as described in paragraph (1) above, on September 24, 2012, from around 07: 50 to around 08:10 on the same day, in the same manner as in paragraph (1) above, on the part of the head of Si/Gun/Gu, in front of the head of Si/Gun/Gu, in front of the head of Si/Gun/Gu, Kim Jong-gu, and two other persons.

【2013 Highest 230】

On December 16, 2012, the Defendant: around 20, at around 21:11, the Defendant laid his seat on the street side of the apartment unit located in the Ganwon-si, Ganwon-si, Ganwon-si, and carried out a openly obscene act in front of one person, other than Kim 0 (Min, 17 years of age) who was living in his seat, exposed to his sexual organ, and her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about Kim ○ and Kim Kim -

Application of Statutes

1. Relevant Articles of criminal facts;

Article 245 (Selection of Imprisonment with Labor)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation;

Article 62-2 (1) of the Criminal Act

Reasons for sentencing

Considering the matters stipulated in Article 51 of the Criminal Act, the sentence shall be imposed as ordered by the Defendant, including the fact that the Defendant committed obscene acts in front of female students age, the fact that the Defendant’s obscene acts appears to have considerable mental impulses of female students, and the Defendant has no record of punishment for the same kind of crime.

Judges

Judges Lee Jong-sung