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(영문) 수원지방법원 2017.09.21 2017고단4682
공연음란
Text

A defendant shall be punished by imprisonment for not less than eight 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

On May 31, 2017, from around 00:00 to 00:20 on the same day, the Defendant disembarked from the E parking lot located in Young-si D, and from the point of view that “F (n, 26 years of age) passing through the place” is considered as “F (n, 26 years of age)” and disposed of the sex.

Patently engaged in obscene acts, such as committing self-defense.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Act and subordinate statutes to a report on investigation (to attach CCTV images to a suspect at the scene of crime);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the fact that the Defendant committed the instant crime even though he/she had a history of criminal punishment three times for the reason of sentencing under Article 62-2 of the Criminal Act, Article 16(2) and Article 16(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, even though he/she had been subject to criminal punishment three times for the crime of obscenity, the Defendant’s liability for the instant crime

However, there are circumstances that may be considered in light of the circumstances, such as the fact that the defendant reflects the defendant's wrong, that the defendant has made efforts to correct his personality and behavior while continuously receiving the mental and medical treatment, that the defendant supports the wife and two children, that the social ties relationship of the defendant is clear, and that the defendant's age, sexual behavior, environment, background of the crime, circumstances after the crime, etc., and that the punishment as shown in the records is determined as per the disposition.

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