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(영문) 서울동부지방법원 2016.11.18 2016고단3146
공연음란
Text

A defendant shall be punished by imprisonment 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. Around 07:40 on August 29, 2015, the Defendant publicly committed an obscene act by making a bruptive act by getting out of the frame of “C” parking lot C” in Gangdong-gu Seoul Metropolitan Government, and by using a scrupting and scing the sexual organ.

2. On August 23, 2016, around 06:20 on August 23, 2016, the Defendant: (a) made a publicly obscene act by taking the sexual organ as a hand, and by using a scaming method under the above, while making a report on a female suffering from the scam trees adjacent to the Gangdong-gu Seoul Metropolitan Government D building.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (related to the raising of the suspect), investigation report (the details of telephone communications with the reporter);

1. 112 Application of Acts and subordinate statutes concerning reported details;

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

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 (General Considerations favorable to the reasons for sentencing as follows);

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant, despite the fact that the Defendant had been subject to punishment for the same kind of crime, has committed each of the instant crimes on two occasions, including committing the crime as provided in paragraph (1). In light of the frequency, method, circumstance, etc. of the crime, etc., the fact that the Defendant seems to have a significant risk of recidivism is trying to prevent recidivism, such as the Defendant’s confession and opposition to his own crime, and receiving a mental and medical treatment, etc., by taking into account the favorable circumstances, such as the Defendant’s age and occupation, character and behavior, environment, family relationship, etc., which are favorable to the Defendant, and all other circumstances, such as the Defendant’s age, occupation, personality and behavior, family relationship, and circumstances after the crime, etc., only once more than

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