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(영문) 광주지방법원 순천지원 2017.08.18 2017고단1091
공연음란
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 17, 2017, the Defendant was in the building of D High School in front of the “C” parking lot located in Mineyang-si B around May 17, 2017, the Defendant committed the crime at around 13:15.

In response to E, unspecified female students, including E, had been able to feel a sense of aversion after getting out of the defendant's sexual organ and taking out his sexual organ.

Accordingly, the Defendant publicly committed an obscene act.

2. On May 18, 2017, the Defendant committed the crime, around 08:25 on May 18, 2017, and around 08:25, at the same time, made unspecified female students, including those who observed the act of self-defense, feel a sense of aversion, with the view to the Defendant’s desire to get out of the Defendant’s sexual organ and cut out the sexual organ, and then let them feel a sense of aversion.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. Application of statutes on site photographs;

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

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 suspended execution;

1. Order to attend lectures or order to provide community service;

1. Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend the Republic of Korea: (a) the same criminal record and the same reason for sentencing are three times; (b) the defendant did not repeat the crime for a considerable period of time after the last punishment; and (c) the defendant's age, sex, family relationship, environment, circumstances and result of the crime; and (d) other circumstances indicated in the arguments of this case, including the circumstances after the crime, shall be comprehensively considered and determined as ordered.

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