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(영문) 수원지방법원 안양지원 2016.07.22 2016고단845
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 28, 2016, the Defendant committed an obscene act openly by making a self-defensive act by getting out of his/her arms and exposing his/her sexual organ in the front playground and exposing his/her sexual organ to a scam, etc., where many and unspecified persons have come to and go to, such as C (W, age 49) around 22:0.

2. On May 16, 2016, the Defendant committed an obscene act by openly exposing her will in front of the Gu G and exposing her sexual organ by exposing her sexual organ through a scam during the safe period between many people, such as F (F, 7 years of age) around 14:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations of C and F;

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

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 stay of execution (a confession shall be made in the state of detention of the defendant in one month, and a second offense shall not be made in the future;

favorable circumstances, such as the fact that such circumstances take place

1. Article 16(2) and (4) of the Act on Special Cases concerning the Protection and Observation of Orders to Provide community service and the Punishment, etc. of Sexual Crimes against Sexual Crimes (the defendant and his defense counsel committed the instant crime under the mental and physical weakness due to the on-site illness;

Therefore, according to the records, the defendant's medical examination is recognized as having received a medical examination on the early arrival of the defendant, but in light of the defendant's attitude, contents, etc., it seems that the defendant's ability to discern things or make decisions is weak, and thus, the above assertion is not accepted).

It is so decided as per Disposition for the above reasons.

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