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(영문) 인천지방법원 부천지원 2019.05.15 2019고단231
공연음란
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant committed each of the following crimes in a state that under the influence of alcohol, the exposure certificate lacks the ability to discern things or make decisions:

1. On January 17, 2019, around 21:50, the Defendant: (a) discovered C (the age of 41) that was going to go to a way, and displayed his sexual organ, from the blind distance in front of the apartment apartment B, Orcheon-gu, Orcheon-gu, Busan; (b) found C (the age of 41); and (c) displayed his sexual organ.

As a result, the Defendant committed obscene acts that give public sexual humiliation, numerical value, and aversion at a place in which many and unspecified persons can be perceived.

2. At around 22:20 on the same day, the Defendant exceeded the “E” entrance door around the “E” entrance, while reporting F with a string, and engaged in self-defense by breaking the sexual flag in hand.

As a result, the Defendant committed obscene acts that give public sexual humiliation, numerical value, and aversion at a place in which many and unspecified persons can be perceived.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Reports on internal investigation by the police;

1. Application of field photographs, criminal photographs, and Acts and subordinate statutes;

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

1. Articles 10 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Treatment and Custody Act;

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Community Service Orders and Order to attend lectures;

1. The reason for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, including the sentence of a sentence, committed each of the crimes in this case, even though there are many persons who were punished for the same kind of crime, and the responsibility for the crime is heavy.

However, the exposure that the defendant recognizes and reflects his mistake, that the defendant suffers.

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