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(영문) 인천지방법원 부천지원 2019.02.20 2018고단3184
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 May 5, 2018, around 14:08, the Defendant laid the 2nd floor of multi-household houses located in Seocheon-si B, and laid the stone with stone to the victim E (n) passing through the adjacent C University “D,” and laid down the stone, thereby openly obscenity.

2. On July 3, 2018, around 17:40 on July 3, 2018, the Defendant: (a) laid down the victim F (F) who passed through “D” at the adjacent C University; and (b) laid down the fluor to look after the fluor; and (c) laid down the fluor’s sexual organ into a public obscenity.

3. On September 2, 2018, around 08:50 on September 2, 2018, the Defendant: (a) laid a stone with a stone with a stone with a victim G (“D”) passing through a adjacent C University; (b) laid the stone with a stone, and laid the lusor into a lusoring act; and (c) laid the lusor, thereby openly obscenity.

4. On September 6, 2018, around 17:40 on September 6, 2018, the Defendant: (a) laid a stone with a stone with a stone with a victim H, traveling adjacent C University “D; and (b) laid the stone with a stone with a view to cutting it, and (c) engaged in an obscene act openly by taking the sexual organ into consideration.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Each statement of E and H;

1. The application of Acts and subordinate statutes on the list of 112 reported cases to the place of occurrence;

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

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) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service or attend lectures;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the sentencing grounds under Article 56(1) main sentence of Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the age, occupation, occupation, character and conduct, family relationship, and the circumstances before and after the crime;

- It is planned and repeated crimes.

-a witness to the offence of the accused;

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