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(영문) 대구지방법원 2018.11.09 2018고단3948
공연음란
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 14, 2018, the Defendant: on the front of the bus stops in Daegu Northern-gu B, Daegu-gu, 2018; on the front of the bus stops in B; on the front of the bus stops in B, the Defendant: (a) discovered that there are two female under the name of the bus stops in the bus stops; and (b) stops, and thereafter he stops, gets off two such female under the name of the non-member of the bus stops; and (c) finds out the sex

In this regard, he committed a self-defensive act, such as spawn and spawn.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on reporting voluntary accompanying of persons suspected of obscenity in a public performance;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Crimes is that the defendant has a record of having been sentenced to a suspended sentence of imprisonment for the same kind of crime is disadvantageous.

It shall be against the defendant, in good faith, that he shall be treated with mental and physical treatment.

It is favorable that the defendant has no other criminal records except the above criminal records, and that there is no other criminal records.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's motive and details of the crime in this case, and the age and sexual conduct of the defendant, shall be determined as per the disposition.

Considering the Defendant’s age, occupation, existence of the record of punishment for sex crimes, the details of the instant crime, the subject, method and consequence of the crime, seriousness of the crime, etc., the special circumstances that may not significantly lower the risk of recidivism or restrict employment pursuant to the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exist.

Since it is judged, it is not ordered to issue an employment restriction order to the defendant.

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