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(영문) 광주지방법원 2014.03.27 2014고단276
공연음란
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 17, 2011, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for public performance and obscene crimes at the Gwangju District Court for six months, and on May 24, 2012, the period of postponement was determined on August 9, 2012 by the Gwangju District Court for six months of imprisonment with prison labor for public performance and obscene crimes, and the said suspension of execution was invalidated, and on February 21, 2013, the Defendant completed the execution of each of the said suspended sentence in the Gwangju District Court.

On January 9, 2014, at around 08:20, the Defendant offered bucks and clothes to many unspecified persons, such as victims E (n, 24 years old), etc. at the front entrance of the D building located in Gwangju Seo-gu, Seo-gu, Gwangju, to the lower bucks, and publicly obscene acts by openly exposing their sexual organs.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement to E (victim) ;

1. Previous records: Application of investigation reports (Attachment to judgments related to the same kind of crime) and other Acts and subordinate statutes;

1. Article 245 of the Criminal Act applicable to the crimes and Article 245 of the Election of Imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act among repeated crimes is that even though the defendant had been punished for the same type of crime several times, the crime of this case is committed, the crime of this case falls under the period of repeated crimes, the risk of recidivism is also expected to be significant, and the sentencing data indicated in this case, such as the age, character and behavior, environment, etc. of the defendant, are equally considered to determine the same type

It is so decided as per Disposition for the above reasons.

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