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(영문) 부산지방법원 2016.06.16 2016고단1799
공연음란등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 1, 2016, at around 17:00, the Defendant was in a male toilet managed by C Educational Institute D with the second floor victim D located in Busan Jin-gu, Busan, Busan, the Defendant entered the above toilet for the purpose of committing obscene acts in a state of seeing women, and made a public and obscene act by impairing the structure managed by others, such as exposing approximately three minutes of sexual organ, so that women can see it.

2. On March 29, 2016, around 13:00, the Defendant came to a male toilet managed by the victim E of the second floor of the 88 Busan National Science and Technology University Manyang-ro 132, Don-ro, Busan National University 88 Busan National University Dan-gu, 2016, for obscene acts in a state of being viewed by women, the Defendant entered the above toilet, thereby leaving the entrance of the said toilet for the purpose of committing obscene acts, and invaded the structure managed by others, such as exposing about 5 minutes of sexual organ, so that people can see it.

3. On March 30, 2016, at around 12:00, the Defendant entered the instant toilet to the male toilet managed by the victim E of the second floor of the Busan National Science University of Technology, 2000, in order to conduct obscene acts in a state of being viewed by women, the Defendant used the said toilet to enter the entrance of the said toilet for the purpose of committing obscene acts, and made a publicly obscene act by exposing the structures managed by others, such as exposing approximately 2 minutes of sexual organ, so that people can see it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, F, and D;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant provisions of the Criminal Act, Article 319(1) of the Criminal Act (a) (a point of intrusion on buildings), Article 245 of the Criminal Act (a point of obscenity) and the choice of imprisonment with prison labor for each 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 stay of execution (see, e.g., Article 62 (1) of the Criminal Act);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

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