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(영문) 수원지방법원 안산지원 2016.04.06 2015고단3485
공연음란등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

1. On October 20, 2015, the Defendant publicly held obscene acts, such as discovering the victim J (20 years old) at the top of the I real estate located in Ansan-gu, Annsan-si, Annsan-si, Annsan-si, where the Defendant was located, provokings his son’s care, leaving the son’s sexual organ into his/her hand, leaving him/her feel a sense of sexual humiliation, and causing him/her to feel a sense of sexual humiliation.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) committed an indecent act by the Defendant, on November 29, 2015, at around 04:00, the Defendant committed an indecent act by the Defendant against the victim M (M), who was waiting for male son at the entrance to make a soup, around 6, 2015, waiting for a soup.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. The defendant's partial statement (the defendant and his defense counsel asserts to the effect that the defendant was in a mental and physical state due to sexual intercourse.

According to the records, although it is recognized that the defendant was suffering from other sexual intercourse at the time of the above crime, the defendant had lost or lost the ability to discern things or make decisions.

As such, the defendant and his defense counsel's assertion is without merit)

1. Statement made by the police against M;

1. Written statements prepared by the J;

1. Application of Acts and subordinate statutes concerning public performance and obscene photographs;

1. Relevant legal provisions concerning criminal facts, Article 245 of the Criminal Act on the selection of punishment (the point of obscenity in public performance), Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of indecent conduct in public concentrated places), and the selection of imprisonment with prison labor;

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 provides that the Defendant has a total of four times of a public performance and obscene punishment, including one time of a suspended sentence, but the Defendant has led to confession and reflect, and that the Defendant has agreed with the witness of a public performance and obscene crime as indicated in the judgment;

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