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(영문) 의정부지방법원 고양지원 2013.08.14 2013고단713
공연음란
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. At around 15:00 on March 2013, the Defendant discovered the victim E (at the age of 51) who passed the place from the lower alley of the D gas stations located in C in Priju City, on the top of the middle of 15:00, and went out of the Cheongba and the body of the Defendant’s sexual organ, and had the said victim feel a sense of sexual humiliation, thereby having the victim feel sexual humiliation.

2. At around 10:30 on April 21, 2013, the Defendant: (a) took care of the victim H (V, 41) who passed the alleyway near the G pharmacy located in F at the time of Pakistan; and (b) took care of the said alley, the Defendant committed a public obscene act by getting the said victim to feel a sense of sexual humiliation by cutting off the Cheongba and the clothes he was suffering; and (c) cutting off the Defendant’s sexual organ from the Cheongba and the Defendant’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of each police protocol of statement to E and H

1. Article 245 of the Criminal Act applicable to the crimes;

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. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

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