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(영문) 서울동부지방법원 2013.07.30 2013고단1165

공연음란

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 08:20 on May 23, 2013, the Defendant publicly obscenity committed an obscene act by holding a driver’s seat of a vehicle parked in a place where many unspecified people can see, such as students, in front of the B apartment 201 Dong-gu Seoul Metropolitan Government B apartment 201, D(the age of 33) and students.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 245 of the Criminal Act applicable to the crimes and Article 245 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the confession of and reflect on the conduct of a crime, the absence of any criminal record other than those for which the suspension of execution is granted due to any traffic accident, the fact that the person was seated in a motor vehicle and was committed, and circumstances such as family relationship);