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(영문) 수원지방법원 안양지원 2019.05.29 2018고단1314

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

1. On May 24, 2018, around 00:32, the Defendant: (a) followed C (n, 44 years of age) having returned home at the parking lot of the 1st floor of Manan-gu, Manyang-gu, Manyang-gu, Gyeonggi-do; (b) then C waiting for an elevator, waiting for the elevator; and (c) carried out an act of self-defenseing sexual instruments until the Defendant was discovered by following the elevator.

2. On June 1, 2018, the Defendant: (a) around 19:20 on June 1, 2018, the Defendant: (b) went back to the entrance of the apartment, and followed up the F (the age of 34) having returned home in front of the D apartment E-dong, YY-gu, YY-gu, YY-gu, YY-gu, the Defendant carried out an act of cutting down the bomer and booming the s

Accordingly, the Defendant made a patently obscene act two times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of C and F (Simplified common);

1. A report on internal investigation:

1. Application of documentary evidence photographic Acts and subordinate statutes

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to one year and six months;

2. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account all the circumstances indicated in the arguments and records of the instant case, such as the age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

The crime of this case shows that the defendant's act of self-defeasing the damaged women by driving away from home is very poor in light of the method and frequency of the crime.

In light of the situation at the time, there was a risk to lead to more serious sexual crimes.