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(영문) 서울북부지방법원 2016.12.15 2016고단4784
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 September 3, 2016, at least 21:45, the Defendant discovered female students, such as the victim D (Woo, 26 years old), in front of the latter part of the C Middle School located in Seoul Special Metropolitan City, Nowon-gu, where many unspecified people, such as Dong Ne residents, and tried to see the Defendant’s side, and then made the victim, etc. seeed “Woo” with his intention, and made the victim, etc. engage in an obscene act openly by means of self-defense and shaking the Defendant’s sexual flag by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (Attachment to the closure of related CCTV screen);

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Article 245 of the Criminal Act applicable to the crimes and Article 245 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend shall be determined as the same sentence, comprehensively taking into account the following circumstances: (a) the crime of this case was committed in bad quality; (b) the defendant was sentenced to obstruction of performance of official duties in 2014; (c) the defendant was sentenced to a suspended sentence due to an injury; (d) the defendant has no record of being punished for the same crime; (c) the defendant has no record of being punished for the same crime; and (d) the defendant'

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