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(영문) 춘천지방법원 원주지원 2016.04.05 2015고단1040
공연음란등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Public performance and obscenity;

A. On June 5, 2015, the Defendant committed the crime, around 15:00 on June 5, 2015, up to 2015, up to 15:00, the Defendant exposed the sexual organ to the neighbor’s body before the dwelling gate of the Defendant, and went back to the public with obscene act.

B. On June 11, 2015, the Defendant committed a crime on June 11, 2015, up to 15:00, up to 15:00, the Defendant openly sent his or her sexual organ to his or her body while exposing two neighboring residents in front of the dwelling gate of the Defendant, which was located in Haju-si B.

2. On June 11, 2015, the Defendant assaulted the Defendant on the ground that the Victim C (Woo, 59 years of age) who is a neighboring resident in front of the Defendant’s residential gate B, who was the Defendant’s living gate B, was flicking the Defendant’s body of the victim’s face and hot body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement of D and E;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act, Article 245 of the Criminal Act (the point of obscenity in each public performance), Article 260 (1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for each crime;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of the recommended punishment] are not set in the sentencing guidelines for obscene crimes. As such, the sentencing guidelines are not set for obscene crimes, the sentencing guidelines for the crime of violence should be drawn up and the lower limit should be observed.

When the degree of assault is minor (Article 1, 6, and 7) in the mitigation area (Article 1 (General Violence) (Article 1 to 8) [Article 1] and the mitigation area (Article 1, 6, and 7) (Article 6): Imprisonment with prison labor for six months: the defendant has already been punished for the same kind of crime, and the defendant has already been abusedly against neighbors in his/her own residential area near his/her usual residential area.

However, the defendant reflects the wrongness of the defendant.

These circumstances and the defendant's age, occupation, sex, and crime.

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