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(영문) 서울동부지방법원 2018.11.30 2018고단3511
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

On June 29, 2018, around 14:20 on June 29, 2018, the Defendant, on the alleyway in Songpa-gu Seoul High School C high school located in Songpa-gu Seoul, Da (Gain, 15 years old), E (Gain, Gain, 16 years old), etc., was put into custody by the Defendant, and carried out self-defense by putting the sexual organ out, and scambling it by hand.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D (tentative name), E (tentative name), and F;

1. G statements;

1. Application of Acts and subordinate statutes to voluntary accompanying reports and investigation reports (No. 8, 10, 11, 13, 15, net time);

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

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

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 against whom an employment restriction order is issued shall take his/her sexual organ out while the defendant is deemed to be female children at a low level;

As a patently obscene act by committing self-defense, the nature of the crime is not good.

Females who have observed a criminal defendant's crime seem to have suffered considerable sexual humiliation and mental impulses.

In light of the background and content of the instant crime, the possibility of recidivism cannot be ruled out.

However, the defendant is the first offender, and the defendant shows an attitude against himself, and the defendant's age, sex, environment, motive and result of the crime, the circumstances after the crime, and the degree of obscene act, etc. are determined by taking into account various sentencing conditions as shown in the argument of this case.

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