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(영문) 서울중앙지방법원 2017.09.14 2017고단4949
공연음란
Text

A defendant shall be punished by imprisonment for six months.

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 21, 2017, at around 22:50, the Defendant openly imprisonedly committed an obscene act by making a man come to and out of the seat of many customers, such as D, from the “C” 106 of the Seocho-gu Seoul Metropolitan Government B Building 106, and exposing the sexual organ, and then cutting off or shaking the sexual organ by hand.

2. On April 21, 2017, at around 23:05, the Defendant openly imprisonedly committed an obscene act by making a man come to and out of her will while many customers, such as F, in the “E” coffee shop No. 104, and exposing her sexual organ, and then cutting off or shaking her sexual organ by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (victim F telephone communications);

1. Investigation report (victim D telephone communications);

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 245 of the Criminal Act, the choice of imprisonment and punishment for the 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. The reasoning for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by Sexual Crimes committed by the Defendant is that the Seoul Southern District Court issued a summary order of KRW 3 million for an obscene crime of public performance on July 22, 2014.

It is not good that the crime is repeated by transferring the same place of day to commit the crime.

The victims who have observed a crime seem to have been able to feel a considerable sense of shame.

On the other hand, the defendant does not commit a second offense against the defendant.

In addition, the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, etc. shall be comprehensively considered and all the sentencing conditions specified in the arguments in this case and the records shall be determined as the same sentence as the order.

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