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(영문) 대구지방법원 2018.04.12 2018고단695

공연음란등

Text

A defendant shall be punished by imprisonment for six 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

1. On February 11, 2018, the Defendant was on board C urban bus around 21:20 on February 11, 2018, and was on board the bus seated next to the bus while operating from the E platform in Daegu Dong-gu, to the front platform of G university located in F in Gyeongsan-si, Daegu-gu.

In a state where passengers of an unspecified number of buses, such as H (n, 20 years of age), are able to see, he/she shall disembark his/her sexual flag and remove his/her sexual flag.

In other words, the act of self-defense was committed openly by committing a self-defense.

2. On February 11, 2018, the Defendant committed assaulting the victim’s right-hand bridge with his/her hand, including, but not limited to, reporting the victim’s self-defense on his/her own act within the G University, which was around G University’s platform located in the city of Busan, by reporting the victim’s self-defense. However, the Defendant used the victim’s right-hand bridge with his/her hand, including, but not limited to, once the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of I;

1. Application of Acts and subordinate statutes to a report on investigation (to attach photographs to a screen image and a caps of a black stuff);

1. Relevant legal provisions concerning criminal facts, Article 245 of the Criminal Act (the point of obscenity in a public performance), Article 260 (1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor;

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

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. Reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes - Circumstances unfavorable to a female student: The crime of openly committing an obscene act in the next place of public transport while female students are seated, and assaulting the victim who reported such act is very poor.

The victim did not agree with the victim.

There is a record of being sentenced to a fine for an injury.

- favorable circumstances: A crime is against the law.

There is no history of sex crime, and there is no record of crime other than a fine sentenced once for the crime of injury.

intellectual failure.