logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.09.28 2017고단5594
공연음란
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

At around 23:50 on June 25, 2017, the Defendant: (a) reported the victim H (the age 21) who passed the place in front of G located in Osan City F; (b) took the Defendant’s sexual organ back; and (c) took the Defendant’s sexual organ back, and committed an act of self-defense in a scambing manner below the Defendant’s sexual organ by hand; and (d) from August 3, 2016 to June 25, 2017, the Defendant committed a publicly obscene act in total of 24 times from August 3, 2016 to June 25, 2017, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. A written statement K, H, L, and M;

1. 12 Reports processing lists and investigation reports, respectively (112 Reports processing records);

1. Application of Acts and subordinate statutes to on-site photographs and investigation reports (on-site NPO CCTVs);

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. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 16(2) main text, Article 16(3) main text, and Article 16(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes are that the Defendant committed obscene acts several times in a certain area, and the Defendant appears to have created a considerable fear and aversion by putting a speech to women who are still under way or by going up to their age.

As the defendant did not want to commit the crime of this case, he observed self-defense, and sexual morals has been seriously harmed.

However, the defendant is trying to improve his character and behavior, such as recognizing his mistake, opposing himself, and receiving psychological treatment.

In addition to punishment for minor fines due to a long-term violation of road traffic laws, the defendant has no record of punishment.

The defendant supports minor children.

In addition, the arguments and records of this case, such as the defendant's age, sex, motive and background of the crime, means and consequence, circumstances after the crime, and records.

arrow