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(영문) 부산지방법원 2020.02.12 2019고단5693
공연음란
Text

A defendant shall be punished by imprisonment 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

Defendant,

1. On February 4, 2019, in accordance with C’s report at the Geum-gu B underground parking lot of the Geum-gu Busan Metropolitan Government on February 23:35, 2019, publicly obscenity by making a self-defense, such as unloading a letter in front of the victim, and shaking a sexual organ, etc.;

2. Around 01:20 on February 5, 2019, engage in an obscene act openly by making self-defense in the same manner as D in the front street of the Geum-gu Busan in the same manner;

3. On May 7, 2019, at around 22:35, viewed G in the vicinity of the Geum-gu Busan, and made a patent obscene act by using self-defense in the aforesaid manner;

4. On August 27, 2019, around 22:40, around 22:40, according to the following behind I who was returning home in the H room room-gu, Busan, the act of self-defense was done in the above way, and the act of self-defense was done openly by returning to the G, K, L, etc. from August 28, 2019 to August 00:35, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of M, I, J, K, G, C, and E;

1. Application of Acts and subordinate statutes on the 112 Reporting Case Handling Table;

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reason 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 Act on Welfare of Persons with Disabilities, despite the fact that the defendant was punished by a fine, repeats obscenity and requires strict punishment.

However, the fact that the defendant appears to recognize and reflect each of the crimes of this case, the fact that the defendant voluntarily receives a mental treatment and commits recidivism, etc., and that the defendant's age, character and behavior, environment, family relationship, motive and result of the crime, etc. are considered as a whole.

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