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(영문) 서울서부지방법원 2017.02.08 2016고단2629
공연음란
Text

A defendant shall be punished by imprisonment for not less than eight 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

【2016 Highest 2629 [Defendant] around 13:20 on June 29, 2016, the Defendant publicly obscenity committed an obscene act in a way of openly strawing and shakeing his/her sexual organ, which was discovered, after the non-governmental women who were passing through the exit route of subway 2 lines F. 8, located in Mapo-gu Seoul, Mapo-gu, Seoul.

【2016 Highest 3233, Jul. 3, 2016, the Defendant openly obscenityd in a manner that, around 14:00 on July 3, 2016, the Defendant exceeded her panty panty and panty ties in a state where many and unspecified people, such as H (V, 16 years of age), pass through the frontway of Gangnam-gu Seoul Metropolitan Government.

Summary of Evidence

【2016 order 2629】

1. Statement by the defendant in court;

1. Investigation report (the process of arrest) 【2016 high-ranking 3233】

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes that cut CCTV video data CDs and CCTV video image data-recording photographs;

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

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. The sentence of imprisonment is to be imposed in light of the following circumstances: (a) the order to attend a lecture and the order to attend a lecture has been served several times due to the same type of crime for the sentencing reason under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; (b) the sentence is to be suspended in consideration of the following circumstances: (c) the sentence is imposed in the case of 2016 senior group 3203 where a female student was set up and committed a crime; and (d) the mental impulse of an witness appears to be reasonable; and (d) the sentence is to be imposed in consideration of the following circumstances: (d) the execution of the sentence is suspended in order to prevent recidivism

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