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(영문) 수원지방법원 2016.12.15 2016고단5712

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 October 3, 2015, around 18:40, the Defendant: (a) reported the victim D (the age of 25) who sited in the first floor of the male toilet of the 1st floor of the Heungdong-gu Seoul Metropolitan Government Building B, and was engaged in an obscene act openly by taking advantage of his/her inner organ by cutting off his/her sexual organ into his/her hand.

2. Around 20:00 on February 17, 2016, the Defendant reported the victim E (nive, 47 years of age) at the same place as above, and took his/her sexual organ back to his/her hand, thereby openly committing an obscene act.

3. On August 23, 2016, around 22:10 on August 23, 2016, the Defendant publicly made an obscene act, such as reporting the Victim F (M, 17 years of age) at the same place, leaving his/her sexual organ out, and leaving his/her sexual organ back to his/her hand, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute of F, D, or E;

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

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant against the victims on three occasions, and the nature of the crime is not good in light of the form and content of the crime. The Defendant again committed the instant crime even though he/she had a record of criminal punishment on one occasion by means of public performance and obscene crime, etc., and did not receive a letter from the victims, etc., the relevant criminal liability is not weak.

However, the defendant reflects the defendant's wrong, the defendant has no previous record except the punishment power of the above fine, and the defendant supports his wife and two children, etc. In addition, the records are shown, such as the age, character and conduct, environment, motive and circumstances of the crime, and circumstances after the crime.