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(영문) 대전지방법원 2020.01.30 2019고단4200
공연음란
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant, at around 02:30 on July 26, 2019, concealed on the street in front of Daejeon Dong-gu B, Daejeon, with the full escape of his/her load.

The victim D (at, 23 years of age) who walks in the direction of the original direction from the malone-distance flood, expressed the victim's desire to "Yeong and Calsia" as "Yeong and Calsia", and used the Defendant's sexual organ with his hand and self-defeasible behavior.

2. On September 3, 2019, around 22:25, the Defendant: (a) viewed the victim F (at the age of 27) in front of the Daejeon Dong-gu E, Daejeon; (b) turned down the Defendant’s panty and panty to spanty to spanty; and (c) carried the Defendant’s spanty by hand and spaning it.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Notice of the 112 Reporting Report List, notification of departments related to the 112 Reporting Report, application of statutes on site photographs;

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

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. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. The crime of this case on the grounds of sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities for the purpose of sentencing is bad in light of the form, circumstance, etc. of each act, the defendant has a record of criminal punishment for the same kind before the crime of this case, etc., and the circumstances favorable to the defendant, such as recognizing and opposing the crime of this case, and having no record of criminal punishment heavier than the fine, shall be taken into account, taking into account other factors favorable to the defendant, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc.

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