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(영문) 부산지방법원 서부지원 2019.09.19 2019고단311
공연음란
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[2019 Highest 311] On November 10, 2018, the Defendant discovered C and D, which was walking a road adjacent to B in Busan Northern-gu, Busan, and displayed the form of self-defense by stopping and stopping the vehicle next thereto.

[2019 Highest 1057]

1. 2019. 4. 20.경 공연음란 피고인은 2019. 4. 20. 02:30경 부산 북구 E 앞길에서, F 스파크 승용차를 운행하던 중 그 곳을 걸어가고 있는 G을 발견하고 그 옆에 차량을 정차하여 조수석 창문을 내리고 실내등을 켠 상태로 바지를 내리고 성기를 꺼내어 손으로 자위행위를 하는 등 공연히 음란한 행위를 하였다.

2. Around April 21, 2019, the Defendant committed a patently obscene act for about eight seconds, including detection of I (tentative name) who walked the place while driving the said SP car on the front side of the Busan Northern-gu, Busan, on April 21, 2019, and stopping the vehicle on the side and self-defense in the same manner as that of paragraph (1).

Summary of Evidence

[2019 Highest 311]

1. Defendant's legal statement;

1. A written statement of C and D;

1. A report on internal investigation:

1. Investigation report (Attachment to Table of 112 Reporting Case Handling) (2019 order 1057);

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. 112 reported case handling table;

1. Investigation report (verification ofCCTV video CDs and application of statutes to police officers in charge and telephone conversations);

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 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. Where a conviction becomes final and conclusive on each crime described in the judgment on the registration of personal information of a child or juvenile subject to employment restriction order, Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018), and the main sentence of Article 59

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