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(영문) 의정부지방법원 2019.10.18 2018고단4881
공연음란
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 17:10 on October 4, 2018, the Defendant laid a sexual flag in front of Guri-si B, about approximately 100 persons, including C, D, E, etc. traveling along the streets, and opened a sexual flag in front of a large number of unspecified people. As such, the Defendant made a public and obscene act, such as traveling along the streets.

around 12:51 on May 2, 2019, the Defendant publicly committed obscene acts, such as openly exposing three minutes of the store in front of many and unspecified people, at G stores and G stores located in Namyang-si F on May 2, 2019.

around 14:00 on March 4, 2019, the Defendant publicly committed an obscene act, such as drinking and walking a sound in front of an unspecified number of people, on the I-way in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

Summary of Evidence

"2018 Highest 4881"

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C and D’s written statements “2019 Highest 1889”;

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The J's written statement "2019 Highest 2448";

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes governing crimes taken by police officers on the spot;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 16 (2) and the main sentence of Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 62-2 of the Criminal Act, Article 44-2 (1) and subparagraph 1 of Article 2-3 of the Medical Treatment and Custody, etc. Act;

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities need to be punished by committing the instant crime again even though the Defendant had been previous, but the Defendant committed each of the instant crimes.

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