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(영문) 부산지방법원 2017.08.09 2017고단2282
공연음란
Text

A defendant shall be punished by imprisonment for six 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

"2017 Highest 2282"

1. On February 27, 2017, the Defendant: (a) around February 14:34, 2017, at the C convenience store located in Yangsan-si B on February 27, 2017, the Defendant calculated the coffee drink purchased at the convenience store at the convenience store and made a publicly obscene act by calculating the coffee beverage purchased at the convenience store with the string of D (n, 31 years old) working at the above convenience store calculation unit.

2. On February 27, 2017, the Defendant: (a) around February 27, 2017, in front of the house of F (n, 19 years of age) located in Yangsan-si E on February 27, 2017; (b) opened a instant one-way one-way one in which the said F would enter the house and obtain the entrance password; and (c) laid down the sprink.

By openly showing to the victim the obscene act.

"2017 Highest 2658"

3. On March 6, 2017, the Defendant: (a) around March 13:38, 2017, at the H convenience store located in Gangseo-gu Busan Metropolitan Government G on March 6, 2017; (b) calculated and publicly obscene beverages purchased from the convenience store by cutting off the sexual organ from the I (n, 28 years of age) working at the above convenience store calculation unit; and (c) cutting off the sexual organ out.

Summary of Evidence

"2017 Highest 2282"

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. One copy of the table for the settlement of reported cases, each 112, 201, 2658;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to I;

1. Article 245 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence 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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The reason for sentencing under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the Defendant again committed the instant crime even though he/she had the record of having been punished for a sex offense during military service, and thus, it is necessary to strictly punish him/her as committing the instant crime. However, the Defendant is not able to refrain from committing the instant crime in depth and again.

as well as that of the defendant.

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