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(영문) 서울북부지방법원 2017.02.23 2016고단5520
공연음란
Text

A defendant shall be punished by imprisonment 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 September 20, 2016, at around 12:30 on September 20, 2016, the Defendant used C University Students' Center located in Seongbuk-gu Seoul, to set up D(21 years of age) that passed, and made a public obscenity and panty, and made a public obscenity by hand in front of many unspecified people.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to report on investigation (explosion of site photographs at the place of occurrence);

1. Article 245 of the Criminal Act applicable to the facts constituting an offense and Article 245 of the choice of punishment;

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the circumstances under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant and other conditions of sentencing indicated in the records, such as the Defendant’s age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime;

- The recognition of the crime and its reflect that there has been two times of punishment for obscenity;

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