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(영문) 의정부지방법원 2019.02.14 2018고단4880
공연음란
Text

A defendant shall be punished by imprisonment with prison labor for four 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. On September 5, 2018, the Defendant: (a) around 17:45, the Defendant openly committed obscene acts, such as reporting the appearance of a victim C (n, 16 years of age) returning home, she saw, and showing his/her sexual organ off.

2. On September 9, 2018, the Defendant openly committed obscene acts, such as reporting the appearance of the victim E (V, 16 years of age) coming from the D Tunnels-si, Namyang-si, Namyang-si, and showing his/her blag off, etc.

3. On September 12, 2018, the Defendant used a publicly obscene act, such as putting off the victim I (the age of 39) who was returning home in the direction of H apartment in the direction of G library f at the southyang-si, Namyang-si, G Library Y, by stopping down on the her flaps, thereby leaving off his flaps with his flapsing the flaps, etc.

4. On November 6, 2018, around 19:25, the Defendant publicly committed obscene acts, such as seeing the appearance the victim J (W, 16 years of age) coming from, and showing the sexual organ off, at the places described in the foregoing paragraph (2).

5. On November 6, 2018, around 19:36, the Defendant publicly conducted obscene acts, such as reporting the appearance the victim K (n, 14 years of age) walked, and showing his/her sexual organ off, at the places described in the foregoing paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of I, J, K, C, and E;

1. Photographs of the suspect ( November 6, 2018).

1. Application of Acts and subordinate statutes to reports on occurrence (public performance and obscenity);

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning 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. Article 62-2 of the Criminal Act, Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, as well as the social harm, etc. of the crime in this case, is not less complicated;

However, the defendant's mistake.

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