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(영문) 수원지방법원 안양지원 2017.10.27 2017고단1497
공연음란등
Text

As to the crime No. 1 of the judgment of the defendant, a fine of three million won shall be imposed, and as to the crime No. 2 and No. 3 of the judgment, six months and imprisonment.

Reasons

Punishment of the crime

[criminal history] On June 15, 2017, the Defendant was sentenced to a suspended sentence of four months of imprisonment for a crime of intrusion upon residence in this court, and the judgment became final and conclusive on June 23, 2017.

[2017 Highest 1497]

1. On June 19, 2017, the Defendant made a public performance and obscene act, such as going back to the outside of a sexual organ, in the front of the “D cafeteria” in the Gu’s “D cafeteria” in the city of Ansan-si, and going back to the outside of the Do’s clothes.

[2017 Highest 1586]

2. On August 5, 2017, the Defendant in violation of the Punishment of Minor Offenses Act exceeded the clothes and panty clothes around the road in the vicinity of the F, and returned back to the panty only, during the period of 00:50 on an Ansan-si on August 5, 2017, the Defendant was imprising other people by releasing excessively his or her body in a place where he or she might open to the public at a place where he or she might open to the public or have to view.

3. The Defendant infringed upon a residence by entering the victim’s residence in front of the victim G’s residence located in the place described in the foregoing paragraph 2 above at the time of the same day and around the string of the house through the string gate, and invaded upon the victim’s residence.

Summary of Evidence

[2017 Highest 1497]

1. Statement by the defendant in court;

1. Investigation reports (verification of users during the period of crime) and investigation reports (the identity of the reporter);

1. A photograph of the scene of crime;

1. A previous conviction: A written reply to inquiry, such as criminal history, investigation report (Attachment to a criminal suspect's criminal records and summary order);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to suspects and field photographs at the time of arrest;

1. Article 245 of the Criminal Act in relation to the crime, Article 245 of the same Act, Article 3 (1) 33 of the Punishment of Minor Offenses Act ( excessive exposure) and Article 319 (1) of the Criminal Act concerning the crime (a point of intrusion upon residence);

1. Selection of a fine and imprisonment with prison labor for the crime of obscenity of selective performance, crime of violation of the Punishment of Minor Offenses Act;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) of the same Act (limited to cases of public performance and intrusion into residence for which judgment has become final and conclusive);

1. The former part of Article 37 of the Criminal Code, and Article 38(1)3 of the Criminal Code.

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