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Reasons
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(영문) 대전지방법원 2014.12.17 2014고단3665
공연음란
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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. Around January 13, 2013, the Defendant found a female student’s name and influence box, who passed the place on the roads of Seo-gu Incheon Metropolitan City, Seo-gu apartment complex, Seo-gu, Daejeon, and made a publicly obscene act by either discovering his or her sexual organ.

2. On June 27, 2014, around 15:10 on June 27, 2014, the Defendant discovered D (24 years old) that passed ahead of the Defendant’s residence in Seo-gu Daejeon Special Metropolitan City, Seo-gu, Seo-gu, Seoul Special Metropolitan City, in the benda, at around 15:10 on June 27, 2014, and sound “Y-gu W-kk kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn

3. On June 27, 2014, around 15:34, the Defendant committed a publicly obscene act by discovering E (15 years of age) (i.e., finding out the location behind the Seo-gu Daejeon apartment building B, Seo-gu, Daejeon Metropolitan City on June 15:34, 2014; and (ii) exposing the her sexual organ into his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each written statement of the defendant;

1. A copy of the investigation report and work log;

1. Application of statutes on site photographs;

1. Article 245 of the Criminal Act applicable to the crimes;

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. It is so decided as per Disposition by the assent of all participating Justices on the following grounds: (a) the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attending the sexual organ to the victims who committed suicide while committing an act of self-defense in a lower or lower residence; and (b) the quality of each crime is not good.

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