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(영문) 대구지방법원 서부지원 2017.11.09 2017고단1122
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 April 21, 2017, the Defendant: (a) around 14:55 on April 21, 2017, at the “C” coffee outdoor set up in Daegu Seo-gu B, Daegu-gu, the Defendant publicly made an obscene act by reporting unspecified female customers to drink a coffee; and (b) holding female customers seated with a will, and holding their sexual organ in his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Article 245 of the Criminal Act applicable to the facts constituting an offense and Article 245 of the choice of punishment;

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

1. The grounds for sentencing under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant are deemed to have a trouble in shocking, etc. due to cerebral crym cancer, etc., and the Defendant still has ageed, his or her mistake is divided, and there are no records of committing the same kind of crime, etc., and the Defendant’s age, sex, conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined by the same sentence as the order.

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