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(영문) 대전지방법원 2017.09.28 2017고단2881
공연음란등
Text

A defendant shall be punished by imprisonment for one year.

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 April 2, 2016, around 05:45, the Defendant went back to the front of the first floor elevator of the above apartment through an open door to the front of the female returning home in front of the Seo-gu Daejeon apartment B, Seo-gu, Daejeon Special Metropolitan City 109 Dong 3-5 D, and infringed upon the residence of the said apartment resident.

2. The Defendant: (a) laid the Defendant’s sexual organ in front of the victim C (at the age of 21) who was on board an elevator at the time, at the place, and at the time, at the time, as described in the foregoing paragraph 1; and (b) laid the Defendant’s sexual organ in his hand; and (c) laid the Defendant’s sexual organ

3. On March 31, 2017, around the first floor elevator located in Seo-gu Daejeon, Daejeon, Daejeon, the Defendant committed an act of self-defeasing the sexual organ with hand before the victim E (V, 25 years old) waiting for an elevator at the elevator, and committed an obscene act by openly taking into account the circumstances.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and C preparation;

1. Application of Acts and subordinate statutes to each criminal act photograph, photograph related to seizure, each internal report, each investigation report, reply to a request for appraisal;

1. Relevant legal provisions concerning criminal facts, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 245 of the Criminal Act (the point of obscenity) and the choice of imprisonment with prison labor, respectively;

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. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances as the grounds for sentencing under Article 62-2 of the Criminal Act, Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

Unfavorable circumstances: Each of the crimes of this case is an act that may seriously undermine the peace in daily life and give victims a serious sexual humiliation and fear, in light of the place, time, method, and circumstances of the crime, etc., and which is advantageous to the fact that the crime is not highly good, and that it was not received from the victims.

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