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(영문) 창원지방법원 2018.10.26 2018고단2208
공연음란
Text

A defendant shall be punished by imprisonment for 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

1. On July 22, 2018, the Defendant committed the crime on July 22, 2018, around 00:14, at the window B apartment 204 of Changwon-si, the Defendant opened and displayed the Defendant’s boomer to the end whenever many and unspecified women, such as Co., Ltd., and C, pass by.

Accordingly, the Defendant used a patently obscene act.

2. On July 29, 2018, the Defendant committed a crime on July 29, 2018, at the places indicated in paragraph (1) around July 23:40 on July 29, 2018, and at each time many and unspecified women pass, the Defendant saw the Defendant’s bomer to boom.

Accordingly, the Defendant used a patently obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (112 Report/Case List, etc.);

1. Relevant Article of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting an offense;

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. In full view of the following circumstances: (a) the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against whom an employment restriction order is exempted: (i) the details and methods of the instant crime; (b) the Defendant’s age, sex, occupation, environment, previous offense; (c) the risk of recidivism; (d) the effect of recidivism by an order to protect and attend a lecture; (b) the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to the order to restrict employment; and (c) the effect of preventing

The reason for sentencing is that the Defendant, inasmuch as the apartment complex is located in a large number of unspecified people, opened a fluor and open a fluence and openly obscene act in a way that shows the sexual organ to the public, the Defendant has to protect the peace and safety of the residence in the place where the victimized women have received.

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