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(영문) 부산지방법원 동부지원 2018.12.19 2018고단2032
공연음란
Text

A defendant shall be punished by imprisonment with prison labor for four 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

On May 24, 2018, the Defendant found D(16 years of age) to have his/her married home at the Hahnam-gun C Sari-dong, Hahnam-gun, Hahnam-gun, and discovered the victim’s back, exposed his/her sexual organ with his/her panty and panty, exposed his/her sexual organ by hand, and boomed his/her sexual organ with his/her hand.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the on-site photographs and the table of 112 reported cases;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Protection and Order to attend lectures or community service orders;

1. Article 56(1) and 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which orders employment restrictions, reflects his/her fault.

The defendant's age, environment, sex (two times the criminal history of the same species), means and results of the crime, the circumstances after the crime (D's mother and the agreement) shall be determined as shown in the order.

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