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(영문) 창원지방법원 통영지원 2013.07.10 2013고단408
공연음란
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On May 13, 201, the Defendant was sentenced to a two-year suspended sentence to 6 months of imprisonment with prison labor for obscenity as a crime of public performance and became final and conclusive on October 21, 201. On May 11, 2012, the period of the suspended sentence became final and conclusive on September 14, 2012, by being sentenced to 1 month imprisonment with prison labor for obscenity as a crime of public performance and 6 months as a result of public performance and the said judgment became final and conclusive on September 14, 2012, the sentence of the suspended sentence was invalidated, and the execution of each of the said sentence was completed in the three North Korean North Korean prison around May 5, 2013.

【Criminal Facts】

1. On May 24, 2013, at around 20:40, the Defendant openly committed an obscene act, such as: (a) unloading from the front place of the D High School located in Yong-si, Gyeongnam-si; (b) unloading from the front place of the D High School, E (V, 16 years of age, etc.; and (c) committing a self-defacing act, such as destroying the sexual organ.

2. From around 20:55 on May 29, 2013 to around 21:10 on the same day, the Defendant publicly committed obscene acts, such as: (a) leaving the F Park behind the G (V, 16 years old); (b) leaving the F Park behind the G (V, 16 years old); and (c) taking part in the sexual organ and self-defense.

3. At around 04:30 on June 1, 2013, the Defendant publicly conducted obscene acts, such as: (a) reporting J (W, 19 years of age) etc., which was going through this place in front of the I convenience point located at H, Sinnam-si; (b) reporting women; and (c) making them free of her sexual organ and self-defense; and (d) doing so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement to G, E, and J;

1. Details of the receipt and processing of reports; and

1. Each investigation report and obscene act photograph;

1. Before ruling: A inquiry report on criminal records, etc., report on the results of dispositions and confirmation, and application of Acts and subordinate statutes (Attachment to the same type of judgment, etc.);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is attributable to the previous crime even though the defendant had a record of multiple punishments for the same kind of crime.

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