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(영문) 수원지방법원 2018.09.06 2018고단4140
공연음란
Text

A defendant shall be punished by imprisonment with prison labor for four 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

On March 25, 2018, the Defendant 16:30 on March 25, 2018, set up a bridge to the victim D (V, 21 years of age) at the central square in Suwon-si B, Suwon-si, Suwon-si, and then cut off the stile next to it.

The public made an obscene act by engaging in self-defense, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of these Acts and subordinate statutes to exposed sex photographs, ctv video fags

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., the main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse on August 17, 201, the Defendant was sentenced to a fine of one million won for the crime of obscene performance on August 17, 201. The Defendant again committed the instant crime even though he/she had the record of receiving a summary order of a fine of three million won for the same crime on August 26, 2014. The Defendant was exposed to sexual acts at a time and place during which he/she does not want to commit the instant crime and caused considerable inconvenience.

However, the defendant's exposure was somewhat passive, such as exposure to sexual organ between the defendant's exposure.

I seem to appear.

Even if the defendant does not have any physical and mental weakness, it seems that the defendant's ability to coordinate impulses is lower than normal persons, such as making soup with his family, leading up to the crime of this case.

The Defendant, immediately after committing the instant crime, has recognized his mistake as it is, and efforts to improve his character and conduct, such as resumption of counseling treatment.

Defendant has no record of punishment except for obscene records of public performance.

The defendant seems to be healthy.

The defendant shall inform and assist the denial of his crime.

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