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(영문) 서울중앙지방법원 2020.01.09 2019고단3476
공연음란
Text

A defendant shall be punished by imprisonment for not less than eight 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

【Criminal Power】 On December 11, 2019, the Defendant was sentenced to a suspended sentence of ten months for general goods and fire prevention to the Seoul Central District Court, and the said judgment became final and conclusive on December 19, 2019.

【Criminal Facts】 around 12:00 on May 25, 2019, the Defendant sent out about 10 minutes to the Jongno-gu Seoul, Jongno-gu, Seoul, and the above squares, even though many and unspecified people run in the state of body, while exposing sex to the state of body.

Accordingly, the Defendant publicly committed an obscene act.

around 10:58 on May 24, 2019, the Defendant sent a distance of 5 minutes to the middle-gu Seoul Metropolitan Government (hereinafter “2019 High-class 4456”) by putting off the Defendant from the front crosswalk of Jung-gu Seoul Metropolitan Government, even though many and unspecified people pass, and exposing his/her sexual organ and exposing his/her old urology with exposure to it.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

"2019 Highest 3476"

1. Defendant's legal statement;

1. Written statements of D;

1. Scenic photographs of the suspect (2019No456);

1. Defendant's legal statement;

1. Investigation report (case concerning telephone conversations with visitors);

1. Photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (such as the indictment of a case in which a trial is pending and records of violence, etc.);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reason for sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is that the defendant sent a child to an unspecified number of people without exposing the sex at a plaza, a toilet, and a crosswalk and a crosswalk where many unspecified people pass, and the witness indicates a strong displeasure.

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