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(영문) 창원지방법원 2016.06.02 2016고단913
공연음란
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. From October 2015 to November 2015, the Defendant opened a brupter in front of the victim C (the age of 13) at the parking lot for the Kimhae-si building B from around October 2015, and openly obscenityd his sexual organ by hand.

2. On December 15, 2015, around 17:10, the Defendant discovered the victim E (the 28-year-old age) in the street near Kimhae-si, the Defendant laid down the victim’s sexual organ in the future, and then openly obscenityed his sexual organ by hand.

3. On December 16, 2015, the Defendant laid down a bus stops adjacent to Heungdong-dong, Gidong-dong, Gidong-si, Kimhae-si, in the vicinity of the bus stops adjacent to the said victim E, and carried out a publicly obscenity act by booming his sexual organ in his hand.

4. On March 2, 2016, at around 17:00, the Defendant laid down the victim C’s boomer in the street near Kimhae-si, and made a public obscenity by booming his sexual organ in his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes to report the occurrence of each public performance obscenity case;

1. Article 245 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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 suspension of execution (see, e.g., reflective points and primary charges);

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;

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