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(영문) 전주지방법원 2013.11.14 2013고단1893
공연음란
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Criminal facts

1. On May 2013, the Defendant of obscenity obscenity held a public performance and obscenity around 07:0 on May 2013, 2013, at around 07:0, the Defendant made a publicly obscene act by putting female students C (the age of 17) who had a house boomed by booming in the mouth of the North Korean bank located in Yancheon-gu, Samcheon-gu, Samcheon-do (hereinafter referred to as the “Yancheon-gu”), her hand over his/her part, her hand over, exposing his/her part, and exposing his/her sexual organ,

2. Around May 2013, the Defendant, at the end of 07:0 at the end of May 2013, 2013, publicly made obscene acts in the same manner as described in paragraph (1) by reporting female students C (n, 17 years of age) (n, 17 years of age) who come to face with their uniforms at the same place as described in paragraph (1).

3. On July 1, 2013, the Defendant had a public performance obscenity around 07:0 on July 1, 2013, 2013: (a) reported female students C (n, female, 17 years of age) who put in prison uniforms at the same place as that described in paragraph (1) and publicly conducted obscene acts in the same manner as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of respective Acts and subordinate statutes to C and D (parents of victims);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (a favorable consideration, such as the fact that the person concerned is prob and reflective, the fact that the person concerned has agreed smoothly with the victim, the fact that the person undergoes counseling and pharmacologic treatment to restrain sexual impulses, and the fact that there is no record of the same crime);

1. Judgment as ordered by Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be rendered;

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