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(영문) 대전지방법원 2014.10.15 2014고단2416

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 2013, the Defendant: (a) while operating a Cyp XG car, and was passing ahead of the entrance of a slot gate located in the Daejeon Pungdong, and discovered and stopped that they are waiting to file a pedestrian report; (b) subsequently, the Defendant committed an obscene act by getting out of the driver’s seat and panty panty and self-defabing the sexual organ.

2. On November 8, 2013, the Defendant operated the said car on a 12:55 day, and discovered that female students, such as the victim E (in women, 18 years old), are waiting to wait for the pedestrian signal, and stopped, the Defendant publicly obscenity committed an obscene act by getting out of the driver’s seat and panty and self-defacing the sexual organ.

3. Around March 2014, the Defendant: (a) discovered and stopped that they are waiting to file a pedestrian report; and (b) laid down panty and panty in the driver’s seat while driving the said car and passing the same place as that of paragraph (1); and (c) laid down the vehicle in a public manner by doing panty and pantying the panty.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Each letter of self-sufficiency of E and F;

1. Application of Acts and subordinate statutes to field drugs;

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

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;

1. It is so decided as per Disposition on the grounds of not less than consideration, such as the initial and rebuttal of the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend, and each crime committed repeatedly.