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(영문) 수원지방법원 2016.09.22 2016고단4077

공연음란

Text

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

On July 2, 2016, around 15:50 on July 2, 2016, the Defendant opened a bane in Suwon-si B and taken the sexual organ, and viewed C (W, B, 18 years of age), etc. that passes through the breath, etc., and committed an obscene act openly.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. 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 provided that the Defendant again went to commit the instant crime even though he/she had been punished by a fine for the same kind of crime. In light of the content and method of the crime, the nature of the crime is poor.

Considering the fact that the defendant's mistake is recognized and reflected, and that the defendant does not repeat the crime in the future, the defendant's age, sex, family relationship, etc. is considered as favorable circumstances, and considering all the sentencing conditions shown in the records and arguments, such as the defendant's age, sex, family relationship, etc., it is ordered as ordered.