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(영문) 서울남부지방법원 2019.10.30 2019고단4186
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

On June 13, 2019, around 03:23, the Defendant: (a) entered a drinking house with the trade name of Yangcheon-gu Seoul building B and “C” located on the second floor; (b) opened a bridge while talking with his employees and talking with his sexual organ, and committed a openly obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. 112 Application of the Act and subordinate statutes to the list of reported cases and investigation reports (at the time of the 112 reported cases);

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. 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 against Order to attend lectures;

1. The grounds for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and Article 59-3(1) of the Act on Welfare of Persons with Disabilities, that the defendant repeats again despite the fact that he/she was sentenced to a fine twice as the same crime, and that the defendant would not repeat again while recognizing and opposing the crime. In addition, the defendant's age, character and behavior, family environment, motive and background of the crime, circumstances

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