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(영문) 제주지방법원 2017.01.13 2016고단2510
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 22, 2016, the Defendant discovered that there is a victim E (V), at a bus stop located in Seopopo City C at Seopopopo City D on September 22, 2016, and driving the Defendant himself in front thereof.

FM3 Motor Vehicles was set off, a chief window was given, and the victim’s face was cut off and kneek was cut off.

From that time to October 8, 2016, the Defendant made a patently obscene act in the same way five times in total, such as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, G, H, I, and J;

1. The 112 reported case settlement table, respectively;

1. Application of Acts and subordinate statutes to photographs of vehicles for use;

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

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. Circumstances that are favorable to the determination of punishment as ordered in consideration of the following circumstances in the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed: The fact of crime and the violation of the sentence; the mental and medical treatment after the instant case; the first crime committed repeatedly in a short period; the degree of obscenity has been committed repeatedly; and there are female students who talk with the other party to the act: The defendant's age, sex, environment, etc.

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