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(영문) 인천지방법원 2017.09.21 2017고단4431
공연음란
Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant, around 07:00 on May 22, 2017, passed at the front door of the Incheon Southern-gu apartment C apartment on May 22, 2017

Among many and unspecified people such as D(n, 30 years of age), their sexual organ was taken out from the center of the past, and the sexual organ was taken out by hand.

2. The Defendant passed around May 23, 2017 at the same place as paragraph (1) at around 07:00.

Among many unspecified people such as E (e.g., 22 years of age), their sexual organ was taken out from the center, and the sexual organ was taken out by hand.

Accordingly, the Defendant made a patently obscene act two times.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each 112 reported case processing list, CCTV recording CDs for committing a crime;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 245 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

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 suspended execution;

1. Article 62 (1) of the Criminal Act, Article 44-2 of the Act on the Medical Treatment, Care, Custody, etc., to observe the protection and order for medical treatment;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed several times before the Defendant committed a sex offense, and the Defendant again committed the instant crime during the period of probation due to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media). In light of the fact that the Defendant committed a serious punishment corresponding thereto.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant committed each of the crimes in this case, and his mistake in depth is clearly divided, and that the social relationship, such as his family, is clear, and that the defendant continues to provide continuous medical treatment for his sexual intercourses in the future, it is judged as ordered in consideration of all the sentencing factors shown in the arguments in this case, such as the defendant's age, sexual behavior, environment, motive and means of the crime, result, and circumstances after the crime.

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