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(영문) 대전지방법원 2014.08.27 2014고단739
공연음란등
Text

A defendant shall be punished by imprisonment for not more than ten 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 March 1, 2014, the Defendant made a public performance and obscene act by openly exposing a sexual organ, among 30 customers, while drunkly drinking in the “F cafeteria” of the operation of the Daejeon Daejeon Seo-gu, Daejeon, where D was able to refrain from drinking expenses to other customers, and the Defendant kept 30 customers.

2. The Defendant interfered with business, at the same time and place as set forth in paragraph 1, exposed the sexual organ to the customers as set forth in paragraph 1, and committed a disturbance over about 10 minutes, such as marching “ging, singinginging, singinging, singinging,” and sound, thereby making the customers unable to take meals or getting out of it.

Accordingly, the defendant interfered with the victim D's restaurant business by force.

3. The Defendant committed assault to G, on the ground that G (the age of 71) who was a restaurant customer, was only his/her leader, at the same time and place as that of paragraphs 1 through 2, on the ground that he/she was “N is superior,” and sounded by G.

Accordingly, the G son(36 years of age)'s son’s son’s son’s son’s son and her son’s son’s son, and the Defendant her son’s son was shaking

Since then, the Defendant was trying to flee from the vehicle and was unable to stop the vehicle, and when the Defendant was able to take the head of the victim's head and 5 meters of the victim's head, led the victim's head, led the victim's head at the right face of the victim's H(59 years of age).

Accordingly, the Defendant assaulted the victim H.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C, H, I, and D;

1. Application of the photographic Acts and subordinate statutes;

1. Article 245, Article 314 (1) and Article 260 (1) of the Criminal Act applicable to the crime (the point of violence and the choice of imprisonment), Article 245, Article 314 (1), and Article 260 (1) (the point of violence and the selection of imprisonment);

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. The punishment, etc. of sexual assault crimes;

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