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대구지방법원 2017.10.31 2017고단5189

출입국관리법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 15, 2017, the Defendant made a public performance obscenity act openly obscene on the side of the 105-dong Dalung-gun, Gyeongbuk-gun, G, and other unspecified persons, including D (n, 16 years of age), with a view to getting off the sexual organ, and booming the sexual organ in his/her hand.

2. The accused in violation of the Immigration Control Act may stay in the Republic of Korea within the limits of his/her sojourn status and the period of sojourn.

On June 29, 2012, the Defendant continued to stay in the Republic of Korea by September 16, 2017 without departing from the Republic of Korea despite the expiration of the permitted period of stay on August 24, 2013, when entering the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. The type of the suspect who is arrested at the site;

1. Investigation report (to attach a detailed statement of handling cases reported 112);

1. Application of Acts and subordinate statutes to accusation an immigration offender and report on investigation (Attachment to a list of alien registration of the suspect);

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime (the point of obscenity) and Article 245 of the Criminal Act, Article 94 Subparag. 7 and Article 17(1) of the Immigration Control Act (the point of unlawful stay) and the choice of imprisonment, respectively;

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. Exemption from orders to complete a program: In light of the fact that the Defendant appears to be a foreigner and the use of Korean language is not smooth, the Defendant is deemed unable to impose orders to attend a course or complete a program under the proviso to Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Therefore, no order to attend a course

It is so decided as per Disposition for the above reasons.