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(영문) 인천지방법원 부천지원 2017.11.29 2017고단2164
공연음란
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 20, 2017, the Defendant discovered that he / she works as a mixed person at the above convenience point of the Victim E (W, 33 years old), stops on the road side, stops the freight vehicle on the road, stops on the road side, and makes the victim look at through the convenience wall of the convenience point, and gets out of her gender, while driving a Cpoter truck around 11:30 on August 20, 2017 and driving it ahead of the convenience point of Kimpo-si D.

By doing so, the act was publicly obscene.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the Acts and subordinate statutes to photographs, such as the victim's children (faculon images Handphones);

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

1. In full view of the circumstances and frequency of crimes under Article 35 of the Criminal Act for aggravated repeated crimes, the sentencing conditions indicated in the records, such as the defendant’s age, occupation, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc., the sentence identical to the order shall be determined.

- On August 19, 2008, at the Incheon District Court, the Defendant was sentenced to one year of suspension of the execution to two months of imprisonment with prison labor for obscenity, and on September 19, 2012, the Incheon District Court sentenced two years of suspension of the execution to six months of imprisonment with prison labor for obscenity of public performance. On August 27, 2015, the Defendant was sentenced to five months of imprisonment with prison labor for obscenity of public performance at the Incheon District Court and completed the execution of the sentence in the Incheon Detention House on December 14, 2015.

Nevertheless, the same crime is committed during the period of repeated crime without opening.

- The Defendant’s crime led to a considerable sense of sexual humiliation, insult, and aversion.

- However, at the time of drinking, the defendant's illness seems to be self-abstinated, and to have been treated without fail to control the defendant's desire for an dynamic act on the following day.

The results are as follows.

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