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(영문) 대구지방법원 안동지원 2020.02.12 2019고단862
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

Around 06:30 on August 13, 2019, the Defendant: (a) reported that C (n, 32 years of age) passed at the parking lot adjacent to the Jung-gu Incheon Jung-gu Incheon Metropolitan City Burher; and (b) made a public obscenity act, such as cutting his/her burbus with his/her burbrogate, and suring it in front and rear.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site reports (to attachCCTV, video CDs and criminal photograph);

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of suspect-like photographs and copies of telecom receipts);

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. There are extenuating circumstances such as: (a) the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (b) the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities; and (c) Article 2 of the Addenda of the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); (c) the crime of this case where the Defendant reported a person who was only under his/her sexual organ and committed a self-defense act; and (d) the victim appears to have been subject to considerable mental shock due to the instant crime; and (e) the Defendant re-offending that he/she was issued a summary order of KRW 700,000 as a public performance and obscene crime at the Seoul Central District Court on July

However, in addition to the favorable circumstances, such as the fact that the Defendant does not have any previous charges exceeding the fine, and the fact that the Defendant appears to reflect the mistake, the punishment as ordered shall be determined by taking into account all other circumstances such as the Defendant’s occupation, age, character and conduct, environment, motive, circumstance, means and consequence of the crime, and circumstances after the crime.

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