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(영문) 춘천지방법원 강릉지원 2020.02.06 2019고단1212
공연음란
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 18:55 on August 28, 2019, the Defendant: (a) reported that two female students, such as D (n, 13 years of age), are in front of a 'C’ private teaching institute, and (b) reported that two female students and approximately one meter away from each other, were exposed to knee, thereby openly obscenity.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of investigation reports (fags of CCTV images and video CDs), related photographs (CCTV image image images) and video CDs-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. In light of the Defendant’s age, occupation, existence of the history of punishment for a sex offense, details and motive of the offense, method of committing the offense, severity of the offense, etc. under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, it is determined that there are special circumstances where the risk of recidivism is significantly low or employment is not restricted, and thus, the Defendant is not subject to an employment restriction order pursuant to the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso of Article 59-3(1)

The circumstances unfavorable to the reasons for sentencing: The court shall determine the punishment as ordered in consideration of various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., that the defendant has no record of being punished for the same kind of crime, and that the defendant has no record of being punished for the same crime.

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