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(영문) 대전지방법원 2018.10.18 2018고단2452
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 February 27, 2018, around 02:10 on February 27, 2018, the Defendant: (a) unloaded a brupter from the front side of the building near the Seo-gu Daejeon Food Occupation; (b) performed drinking in the above restaurant; and (c) performed drinking in the above restaurant.

At the view of E and by hand, the sexual organ was used in a public sense, and made a patent obscene act.

2. The Defendant, on May 24, 2018, 02:55 on May 24, 2018, 202: (a) was a frighter and frighter in the way near the Seo-gu Daejeon, Daejeon, and was a frighter.

G Viewing the sexual organ with hand, and openly obscene acts were committed by scambling the sexual organ.

3. On June 15, 2018, the Defendant 01:30 around the alleyway near the “I” food store located in Seo-gu Daejeon Daejeon, Seo-gu, Seo-gu, Daejeon, where the Defendant was drinking alcohol in the above restaurant after getting off the bomer and sculing the bomb.

At the view of J and by hand, openly obscene acts were committed by booming the sexual organ and shaking it.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements in E, G, J, and K Preparation;

1. Application of the relevant Acts and subordinate statutes to each internal investigation report, each field photograph image, CCTV photograph image taken by a suspect, report on occurrence (public performance obscenity), arrest report on occurrence of a case, and photograph image image, specifying the place where the suspect committed the crime;

1. Article 245 of the Criminal Act concerning the relevant Act and the choice of punishment for the crimes;

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. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in sentencing for the protection, observation and treatment order, Article 62-2 of the Criminal Act, Article 16-2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 16-2 and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 44-2 of the Medical Care, Custody, etc. Act, and other conditions of sentencing as shown in the records, such as the defendant's age

Unfavorable circumstances: (a) in light of the form and content of each of the instant crimes, etc., the crime is not good; (b) even though there was a record of punishment for the same kind of crime, and (c) again committed each of the instant crimes of the same kind; and (d) the victims were fl

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