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(영문) 의정부지방법원 고양지원 2016.12.08 2016고단2316
공연음란
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

1. On August 13, 2016, from around 23:20 to 23:50, the Defendant openly committed an obscene act by putting off all clothes put in front of the E-lane located in Goyang-dong, Manyang-si, Manyang-si, and by going back to an unspecified number of unspecified persons, including F and G, who had passed the scene, and going back to the street.

Summary of Evidence

1. Partial statement of the defendant;

1. A statement of H and F;

1. Photographs photographs of the scene of crime;

1. 112 Report statements;

1. Investigation report (Investigation by Relevant Witnesses) (Investigation by the Defendant and his defense counsel. The Defendant, while putting off clothes on the roof of an officetel near the I Park near the I Park at a near time near the I Park, 30 minutes or lying off on the road between the studs, fluor by putting off the panty, and putting off the panty again, and stude the panty, and the officetel security guards do so. It is reasonable to deem that the Defendant’s act goes beyond the panty and caused the Defendant to feel sexual humiliation, and it is reasonable to deem that the Defendant was aware of the meaning of the obscenity of the Defendant’s act. The Defendant’s exposure was accompanied by the Defendant’s alcohol, and the mere fact that the exposure was carried out with the Defendant’s alcohol does not necessarily mean that the obscenity was denied and simply imprecible.). The application of statutes is applicable.

1. Article 245 of the Criminal Act applicable to the crimes;

1. Completion of the sentence to be suspended and of a fine of one million won for incidental disposition, and 40 hours for sexual assault treatment programs;

1. Articles 70(1) and 69(1) (1) of the Criminal Act (100,000 won per day) of the Criminal Act for the inducement of a workhouse;

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

1. The defendant and his defense counsel asserts that there was a mental or physical condition of the defendant at the time of committing the crime of this case.

According to the records, the defendant is deemed to have been under the influence of alcohol at the time of committing the crime of this case, but the background of the crime of this case and the defendant before and after the crime.

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