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(영문) 의정부지방법원 2017.01.20 2016고단4376

공연음란

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged shall be organized and criminal facts shall be recognized:

1. On August 3, 2016, around 02:10 on August 3, 2016, the Defendant discovered E in front of “D Mart” a bicycle riding along a bicycle, and finds a horse with a beer and beer in front of the aforesaid Mart, and takes the bicycle back after riding the bicycle.

As seen to E, patently obscene acts were conducted.

2. On October 16, 2016, around 16:00, the Defendant discovered I while standing a bicycle for the “H pharmacy” front of the “H pharmacy” on the 1st floor of the G building in the Gu Council-si, G on October 16, 2016, and was seated in that place after driving away from a bus stop to a nearby government bus stop.

I shall set up a bicycle in front of the I and take out his sexual flag;

As seen to I, patently obscene acts were made.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and I;

1. Investigative reports, reports on occurrence of crimes (obscenity of public performance), reports on processing of cases 112 reported, records on internal investigation (case of telephone conversations of victims), and reports on internal investigation (case of CCTV in which CCTV has occurred);

1. Application of the form of a victim, a bicycle photograph, or an on-site CCTV photographe statute;

1. Relevant Article 245 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend the Republic of Korea has already been punished one time for the same crime, but in consideration of the fact that the Defendant again committed each of the instant crimes of the same kind, and that the witness feel a considerable sense of sexual shame due to each of the instant crimes, it is necessary to punish the Defendant solemnly.

However, the defendant led to the confession of each of the crimes of this case, the fact that the defendant does not repeat again in the future, and witness.