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(영문) 대구지방법원 상주지원 2016.12.06 2016고단433
공연음란
Text

A defendant shall be punished by imprisonment for four 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

1. On August 3, 2016, around 08:15, the Defendant made a public obscenity in a way that shows his or her sexual organ to C, who had a shouldered work in India, located in India, at the time of stay at B, by openly displaying his or her sexual organ.

2. Around 08:20 on August 8, 2016, the Defendant openly obscenity in a way that shows the gender of the E who extracted miscellaneous plants from the D Go-gu dry field at a permanent address of 08:20.

3. Around 08:30 on August 9, 2016, the Defendant asked F to the dry field located in B at a permanent address of 08:30 on August 9, 2016, “I wish to see any other person,” and made a patent obscene act by openly showing his or her sexual organ.

4. On August 10, 2016, at the time of stay at around 08:15, the Defendant made a public obscenity by openly displaying his or her sexual organ to H in India at the time of stay at G.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C, F, and H;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (including that victims do not want punishment by mutual consent with the victims of the defendant, and that there is no previous violation);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

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