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(영문) 광주지방법원 목포지원 2016.01.15 2015고단1323

공연음란

Text

A defendant shall be punished by imprisonment for four 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 September 11, 2015, the Defendant: (a) set off a bus stops in front of the Simpo Science University bus stops in front of the Simposi, Simpo-si, Simpo-si on 08:30 on September 11, 2015; (b) set off a brub in the street that unspecified female students, other than C (V, 27 years old); and

At the same time, sexual intercourse and other patently obscene acts were committed while exposed.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of statutes on the site photographs of the case

1. Article 245 of the Criminal Act applicable to the facts constituting an offense and Article 245 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant appears to be erroneous in recognizing the instant crime, and the Defendant appears to be suffering from depression, exposure, etc., and the Defendant would not engage in such act again after faithfully treating the case.

Although the defendant has previously been sentenced to a fine several times due to the same kind of crime, there is no record of criminal punishment heavier than the fine, and other various sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be determined like the order of the defendant.