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(영문) 부산지방법원 2019.09.16 2019고단1712
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

1. On February 22, 2019, at around 19:50 on February 22, 2019, the Defendant was able to see that he/she was able to d(15 years of age) on the front side of the “C” road located in Busan B B, and she was able to see and d (15 years of age) on his/her her flag, and was flaged by leaving his/her flag in his/her flag.

Accordingly, the Defendant publicly committed an obscene act.

2. The Defendant with obscene performance on February 24, 2019

2. At around 17:41, around 24:1, G (W), H (W), I (W), I (W), I (W, and 14 years old), etc., in the vicinity of F in Busan Island E were satisfed and shafed by the satching the satch.

Accordingly, the Defendant publicly committed an obscene act.

3. The Defendant obscenity in a public performance on February 25, 2019

2. At around 20:40, at the end of the K convenience store located in the Busan Seo-gu J around 20:30, L(Gain, fin, 15 years of age) was saluted by the saluting the salleg, and was saluted as his hand.

Accordingly, the Defendant publicly committed an obscene act.

4. The Defendant with obscene performance on February 26, 2019

2. At around 19:15, around 26: 19:15, N (18) entered the first floor of the Busan BG M building, followed by many and unspecified persons, she was shakend with his/her booming flag before the elevator of the above building, while viewing N (N) around the elevator of the above building.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness L;

1. Each police statement about L, D, or N;

1. Each written statement of G and H prepared;

1. Images of CCTV-capes, CCTV CD images, and photographs and CCTV images by capturing each CCTV image;

1. Table 112 Handling of reported cases, respectively;

1. Investigation report (2. 22. Attachment of CCTV reproduction at public performance site);

1. Application of Acts and subordinate statutes to a report on investigation (to attach CCTV images to buses);

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

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

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

4. An order to attend a course;

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