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(영문) 서울남부지방법원 2020.01.29 2019고단5470

공연음란

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 30, 2019, at around 13:38, the Defendant found C (name, 49 years of age) at front of Guro-gu Seoul Metropolitan Government on the roads, and had approximately 5 meters away from his/her own seat, and had been reported by the above C, the Defendant made a publicly obscene act by allowing her mort to be seen.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes to a report on investigation (a CCTV investigation into generated areas);

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;

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

1. The crime of determining whether a child or juvenile subject to an employment restriction order is subject to the registration, disclosure order, or notification order of personal information 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 an offense provided for in Article 2 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and does not constitute a sex offense subject to the registration of personal information under Article 42 (1) of the same Act, and does not constitute a sex offense subject to an order for disclosure and notification under

The sentencing is based on the following factors: (a) the substance of the instant crime; (b) the place of the crime; and (c) the degree of performance; and (d) the criminal defendant’s age; (b) the character, conduct, means and consequence; and (c) the circumstances after the crime.