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(영문) 서울중앙지방법원 2017.03.15 2016고단8726
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

1. On June 8, 2016, around 03:55, the Defendant: (a) disembarked the Defendant from the street in front of the Defendant’s dwelling in Gangnam-gu Seoul Metropolitan Government, with his/her hand; and (b) cut off his/her gender.

In other words, patently obscene acts, such as miscellaneous and scams, were committed.

2. The Defendant, from around 02:00 on August 6, 2016 to 03:00 on the same day, disembarked by hand from the place specified in paragraph (1) at the same time, and disposed of the sex.

In other words, patently obscene acts, such as miscellaneous and scams, were committed.

3. On November 8, 2016, the Defendant disembarked from the entrance of the Gangnam-gu Seoul Metropolitan E building to his/her hand on November 8, 2016, and laid down his/her sexual organ;

In other words, patently obscene acts, such as miscellaneous and scams, were committed.

Summary of Evidence

1. Some statements made to the defendant in the protocol of interrogation of the suspect against the defendant;

1. Any statement made to the accused in part of each protocol concerning the suspect interrogation of the police;

1. Statement made by the prosecution and the police concerning F;

1. Photographs of the skin;

1. The contents of witness G / The defense counsel asserted the possibility of misunderstanding with another person, but the witness has credibility in the witness's statement in the sense that he/she had been present at the NA residents living in the house having the same alley as the defendant and had been present at the defendant's behavior several times and had been affixed with his/her photograph.

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

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. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed repeatedly on several occasions, taking into account the favorable circumstances, such as the method and manner of the instant crime, the Defendant’s age, sex, home environment, and circumstances before and after the instant crime, the same sentence as the order shall be determined by taking into account the following factors: (a) the method and manner of the instant crime; (b) the Defendant’s age; (c) the Defendant’s age; (d) the family environment

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