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(영문) 인천지방법원 2017.11.22 2017고단3503
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 27, 2017, the Defendant openly committed an obscene act by putting his name in front of the D High School located in Jung-gu Incheon, Jung-gu, Incheon on April 27, 2017, 2017, with his/her name fluor and several of the students of the above high school flusing the brus and brusing his/her sexual organ with his/her hand, etc.

Around 09:50 on May 15, 2017, the Defendant openly committed an obscene act by putting him/her out of his/her brogate, such as cutting down his/her brogate and shaking his/her brogate by hand, while complying with G (54 aged) in front of the F store located in Dong-gu Incheon Metropolitan City, Dong-gu.

Summary of Evidence

"2017 Highest 3503"

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. On-site photographs " 2017 Highest 4,200";

1. Partial statement of the defendant;

1. CCTV images [1] The Defendant and his defense counsel asserted that the Defendant did not commit any act identical to each of the facts charged in this case. However, according to each of the evidence above, the Defendant’s act was acknowledged in entirety, and (2) the Defendant committed each of the crimes in this case under the lack of the ability or decision-making ability to discern things, such as the Defendant’s act is also insufficient.

However, in light of all the circumstances such as the process, means and method of the instant crime, and the Defendant’s speech and behavior before and after the instant crime, the Defendant was physically and mentally weak at the time of each of the instant crimes.

Since it is insufficient to recognize the defendant and his defense counsel, we cannot accept the argument.

Application of Statutes

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

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed again with the history of two times punishment for the same crime.

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