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(영문) 수원지방법원 안양지원 2019.09.18 2019고단1132
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

On May 15, 2019, around 09:48, the Defendant: (a) opened a bomer in front of the “C” that is located in the Gu B during the 2019.5.15.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of the Acts and subordinate statutes concerning a CCTV image closure file at the scene of occurrence;

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Community Service;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: One month to one year; or

2. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account all the circumstances indicated in the arguments and records of the instant case, such as the age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

D. Unfavorable circumstances: The crime of this case is committed by self-defense in light of the method and attitude of the crime, etc., as it is committed by the defendant on the road side when the defendant was extremely low.

It seems that female students who had observed the instant crime were exposed to considerable sexual humiliation and mental impulses.

Defendant did not receive a letter from damaged female students.

The defendant has been punished several times, including punishment for sex crimes, and in particular, on October 17, 2018, he/she has been sentenced to a fine of 2.5 million won for public performance and obscenity.

The favorable circumstances: The defendant seems to have the attitude of recognizing and opposing the wrongness.

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