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(영문) 서울북부지방법원 2015.09.17 2015고단2198
공연음란
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

1. On May 21, 2015, the Defendant committed a publicly obscene act by doing obscenity, as seen in the column of D (W, 48 years old), E (n, 43 years old), and E (n, 43 years old), with his sexual organ, on May 21, 2015, around 08:45, at the Defendant’s direction 301 of the third floor of the building C in Gangseo-gu Seoul, Gangnam-gu, Seoul, the Defendant opened a window and carried out a road on which people can have access to the road.

2. On May 29, 2015, the Defendant publicly obscenity committed an obscene act by using his sexual organ and self-defense in a place under the preceding paragraph at around 10:20 on May 29, 2015, in order to conduct a movement after going to and from the road on which people are allowed to walk, at the same time and at the same time, he opened a window and she is allowed to walk up the road on which people are allowed to walk.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the draft D;

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting an offense (the point of each obscene act and the choice of each fine);

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

1. Penalty fine of KRW 1,500,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act;

1. The Defendant’s act on the grounds of sentencing under Article 59(1) of the Criminal Act (hereinafter “the grounds for sentencing”) is subject to criticism in terms of the motive, frequency, content, method, etc. of the crime as indicated in the judgment, which infringes on the social legal interests of sound sexual morals.

However, each crime of the defendant's decision was committed in the defendant's residence, and the defendant did not repeat the crime in depth, and in 196, the first crime that has passed the majority of the opposite adult as university students of the 1996, and the defendant is under extreme stress due to the family environment, in particular, cerebrovascular due to cerebrovascular, while he was under extreme stress.

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