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(영문) 부산지방법원 2019.02.20 2018고단5743
공연음란
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 03:00 on July 28, 2018, the Defendant stolen D (21 years of age) and E (21 years of age) where he was seated in the sixth floor of the building on the ground of B in Busan, Jin-gu, Busan, the Defendant laid his hand into one half of the half of the year, and turned his finger into one half of the year.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

2. Statement made by the police against D;

3. Application of Acts and subordinate statutes to reporting investigations by prosecutors and police;

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

2. Article 62 (1) of the Criminal Act;

3. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

4. Grounds for sentencing in the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

1. The scope of applicable sentences under law: Imprisonment for one month to one year; and

2. The sentencing criteria are not set for the crimes of this case, for which the sentencing criteria are not set.

This case is that the defendant stolen D and E, a young male and female, who was seated in the nearest seat at the front time during the deep night, and made a patently obscene act by spreading his or her sexual organ, and is not good.

D and E, which have observed the defendant's crime, seem to have suffered sexual humiliations and sacrificings as well as mental shocks and pains.

In addition, the defendant seems to have been punished for the same crime two times even before.

However, the fact that the defendant seems to have committed the crime of this case under the influence of drinking, the fact that he was aware of his mistake while recognizing his crime, the fact that he suffered damage to D and E after the fact that he agreed to do so, the above criminal records were all punished by a fine, and the fact that he did not have any history of receiving a fine heavier than the fine, and that he support his family.

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