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(영문) 대전지방법원 천안지원 2017.05.26 2017고단468
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 3, 2017. 15:08 around 15:08, the Defendant passed at the delivery to the north-gu, Seocheon-gu, Seocheon-si, and E middle school.

From the point of view of F (n, 12 years of age), F (n, 12 years of age) made a patently obscene act by lowering his or her sexual organ.

2. On February 3, 2017, the Defendant was on the 15:30 on February 3, 2017, in and around Seo-gu G, Seo-gu, and H child care centers adjacent thereto, and he was on the NA.

While I (Le, 12 years of age) viewed, I made a patently obscene act by getting out of her sexual organ and by scambling it by using a method of scambling it in hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement F and I;

1. Photographss and video CDs following a CCTV course;

1. Application of each statute on photographs;

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

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. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Victims of the Punishment, etc. of Sexual Crimes: (a) the victims of the sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed a crime in the nearest distance to the victim I; (b) the victims committed a crime in the nearest distance to the victim I, and express their gender rapidly and promptly; (c) the victims are deemed to have suffered a considerable mental shock; (d) the victims are against the law; and (e) the victims have no same record

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