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(영문) 대전지방법원 논산지원 2018.08.24 2017고단636
공연음란
Text

A defendant shall be punished by imprisonment with prison labor for four 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

1. On March 4, 2017, the Defendant made a public obscenity by openly exposing her sexual organ and her clothes in front of YYYYYY 11:30 to 12:00 on the ancillary charge of the instant charge, and exposing her sexual organ and committing self-defense.

2. On August 26, 2017, around 16:00, the Defendant made a public obscenity by exposing a sexual organ and exposing her clothes after he/she puts his/her mouth and clothes in the direction of D. In addition, the Defendant committed a obscenity act.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Details of management of learning site members;

1. Application of Acts and subordinate statutes on telephone details;

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

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 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The crime of this case on the grounds of sentencing under Article 186 of the Criminal Procedure Act, which bears the burden of litigation costs, is deemed to have committed two times against the Defendant’s children, who visited the Defendant’s school premises for learning.

Even though the victim had a considerable mental impulse, there is no effort to recover the damage.

There is no serious reflective appearance.

However, considering the fact that the defendant had no criminal record for the same kind of crime in favor of the defendant, it is judged as above in light of all the sentencing factors as shown in the arguments of this case, such as the age, sex, environment, motive and means of the crime, result, and circumstances after the crime.

The part of innocence (the primary charge of the crime No. 1)

1. On February 4, 2017, the primary charge is that the Defendant made a public obscenity by openly exposing and exposing her sexual organ and self-defense on the front side of Yansan-si, B, 11:30 to 12:00, on the front side of Yansan-si, and exposing C’s clothes, and then exposing C.

2. The attitude that the Defendant submitted.

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