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(영문) 서울남부지방법원 2018.10.24 2018고단3647
공연음란
Text

A defendant shall be punished by imprisonment for four 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

1. On February 12, 2018, around 08:30 on February 12, 2018, the Defendant discovered the Victim C (M, 23 years of age) (i.e., the victim) who passed at the front of a house located in Yeongdeungpo-gu Seoul Metropolitan Government, and (ii) discovered the victim C (S, 23 years of age) and then taken the gender from the front of the house.

I want to do so and "I want to do so."

In a manner referred to as “patently obscene act” was committed.

2. On February 20, 2018, at around 08:30, the Defendant publicly committed an obscene act, such as committing an act of self-defense, on the ground that two women, such as the victim name C, etc., such as the victim, are viewed to have been sexually ill, on the street lamps in the same place as paragraph (1).

3. On February 26, 2018, around 08:30 on February 26, 2018, the Defendant discovered the victim name C, who was committing self-defense in the alleyway adjacent to a house located in Yeongdeungpo-gu Seoul Metropolitan Government, and continued to engage in self-defense, and made a patently obscene act according to the victim’s behind it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. 112 Application of Acts and subordinate statutes of the 112 Reporting Case Handling List (three persons);

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

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 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against an Order to attend a lecture or an order to provide community service;

1. The reason for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse on Employment is that the Defendant, on three occasions, engaged in obscene and obscene conduct against a specific victim on three occasions, and the nature of the offense is very heavy.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are against the defendant and there is no record of punishment for sexual crimes before the case.

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