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(영문) 대구지방법원 안동지원 2015.11.06 2015고단544
공연음란
Text

A defendant shall be punished by imprisonment for 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

1. On April 2015, the Defendant openly obscenityd female students attending Seoul Mapo-gu 25 Madro 25-ro 24, Seoul Female High School, and Madro 25-ro 201, following the Seoul Female High School (hereinafter referred to as “Seoul Madro”) by exposing their fingers into the school building and exposing their panty to their panty.

2. On May 2015, the Defendant openly obscenityd female students attending the above Seoul Female High School, following the said Seoul Female High School, by inserting fingers into the school building, and by openly exposing panty panty tymor and panty panty tymor, while reporting their compliance to the school building.

3. At around 11:10 on June 1, 2015, around 12:40 on two occasions, the Defendant publicly obscenityd female students, such as C (n, 16 years old), D (n, 16 years old), and D (16 years old), who were enrolled in the first grade of the above school, at the above Seoul Female High School, on a one-time basis, in a manner that female students were able to engage in self-defense, such as inserting hand within the breath, and taking charge of sexual instruments, while exposing their panty and panty.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C’s statement;

1. Reports on internal accidents (Seoul Metropolitan City life guidance teachers, assistant teachers, and Myeon fences);

1. Application of each statute on photographs;

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice 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 reason for sentencing in the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the Defendant committed the instant crime even though he was sentenced to a fine for the same kind of crime, and in addition, the Defendant repented and reflected his mistake, voluntarily surrenders to some of the crimes, and surrenders to the hospital at present.

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