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(영문) 의정부지방법원 2016.04.15 2015고단3917
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. obscenity of a public performance (2015estest 3917) Defendant, on August 26, 2015, had passed around C Library in Yangju-si B on August 26, 2015.

D (n, 22 years old) He/she exceeded his/her her mack, macks his/her mack, macks his/her mack with his/her mack, and macks his/her mack with his/her mack, and macks his/her seat before the F mack in E on the same day, around

G (n, 17 years of age) has exceeded his her her mack, and her mackel has been placed in his mack with her mack, and macks with her macks.

Accordingly, the Defendant publicly committed an obscene act.

2. The Defendant, on July 14, 2015, forced indecent conduct (2015 Goman 4659), reported that the Defendant would go in front of the “I,” located in H on the roads in Yangju-si, Yangju-si, and that the Victim J (J, 42 years old) would go in this mixed, and subsequently, she would spar the victim in both arms, and she would spar the victim in both hands.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

[2015 Highest 3917]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written statement G and K [2015 senior group 4659]

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Investigation report (the arrival of suspect's appearance when committing the crime), investigation report (a summary of telephone recording statement);

1. Application of Acts and subordinate statutes, such as field photographs, guidance, clothes worn by the defendant at the time of committing a crime, bags, and photographs of crime;

1. Relevant Article of the Criminal Act and Article 245 of the Criminal Act (the point of obscenity in each public performance, the choice of imprisonment), and Article 298 of the Criminal Act (the point of forced indecent conduct and the choice of imprisonment);

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. The reason for sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to the victims of the instant crime. In particular, the Defendant appears to have caused a considerable sense of sexual humiliation by committing the instant crime. The Defendant is liable to commit the instant crime on the ground that he did not receive a letter from the victim of the instant indecent act, or agreed with the victim.

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