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(영문) 의정부지방법원 2018.01.09 2017고단4381
공연음란
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On September 6, 2017, the Defendant was sentenced to a suspension of the execution of two years on the part of six months of imprisonment for obscene crimes at the District Court for a public performance and became final and conclusive on September 14, 2017.

1. On August 17, 2017, at around 13:24, the Defendant openly obscenity by exposing the sexual organ out of his name-free C middle school at the front of the C middle school located in Namyang-si, Namyang-si, and by using his or her sexual organ and self-defense.

2. On August 17, 2017, around 14:54, the Defendant openly obscenity by exposing a sexual organ out of the second floor parking lot of D building in Namyang-si, Namyang-si, by exposing the sexual organ out of the place, and by using the sexual organ and self-defense.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and E;

1. CCTV photographs and CCTV closure photographs;

1. Photographs of damage scene;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reports;

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant, and the Defendant’s criminal records, etc., are not minor.

However, from the investigation stage, the defendant shows his attitude to see and reflect his mistake.

The defendant shows that he is trying to not repeat the crime, such as receiving a mental therapy for himself.

Social ties are clear, and the detention of the defendant is likely to involve excessive difficulties for his/her dependents.

In addition, the defendant's age, sex, environment, motive and background leading to the crime, method and attitude of the crime, circumstances before and after the crime, and the first head of the crime in this case and the crime in the judgment.

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