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(영문) 인천지방법원 부천지원 2018.07.18 2018고단1179
공연음란
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On March 27, 2018, the Defendant: (a) 10:32, on the frontway of “D” located in Seocheon-si, Bucheon-si; (b) made a publicly obscene act by getting out of the way in which many and unspecified persons, including E, are viewed as having engaged in sexual organ, and booming their sexual organ with hand.

2. On March 30, 2018, the Defendant 12:23 around 12:23, 2018, the Defendant made a public obscenity by getting out of the way to see many and unspecified persons, including G, and by putting his sexual organ out in hand, committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and E;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

1. The sentence identical to the order shall be determined by comprehensively taking account of the following conditions and frequency of the crime, the type of the crime, the defendant's age, occupation, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, etc., under the reason for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, and the following conditions and conditions of the punishment as stated in the records:

- On April 9, 2014, the Defendant was sentenced to a fine of two million won for a crime of obscene performance in the Busan District Court’s Busan District Court’s Branch, and on July 19, 2017, the same court was sentenced to two years of suspension of execution for six months of imprisonment with prison labor for a crime of obscene performance and became final and conclusive on July 27, 2017.

- It is inevitable to sentence two times or more as a result of repeating the sentence, since several months have not elapsed without any efforts such as receiving treatment, even after being sentenced to a suspended sentence of imprisonment.

During the same period of suspension of execution, a fine of KRW 3 million was imposed by driving under the influence of alcohol.

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