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(영문) 대전지방법원 천안지원 2016.10.07 2016고단1507
공연음란
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On June 2016, the Defendant committed an act of openly obscene act by taking the Defendant’s sexual organ out of the Defendant’s front of the road located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, 2016, around 22:00, in front of C, the Defendant stopped the DSS5 car driven by the Defendant, and making a steering window out with a driver’s seat opened, and at the same time, viewed the victim F (n, 18 years old, and Ga) aboard the E urban bus where he was waiting for the signal at that place, while viewing it from the victim F (n, 18 years old, and Ga) aboard the bus where he was waiting for the signal.

2. On June 8, 2016, the Defendant: (a) around 22:00 on June 8, 2016, around the bus stops located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seoul; (b) stopped the DA5 car driven by the Defendant; (c) stopped the car at the driver’s seat; and (d) opened the steering window with the driver’s seat; and (d) viewed the Victim H (W, 18, and Ga) waiting the bus at that seat; and (e) laid the sexual organ out of the Defendant’s seat to publicly obscenity.

3. On July 8, 2016, around 17:24, 2016, the Defendant: (a) stopped a DNA SM5 car on the road located in Western-gu I in Western-gu, Seocheon-gu; (b) discovered the Victim K (W, 18 years of age, and Ga name) where the Defendant walked at the bed; and (c) laid off from the car with the Defendant’s sexual organ while showing the Defendant’s sexual organ against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of H, K, and F;

1. CCTV CDs;

1. The police seizure report and the list of seizure;

1. Application of new Acts and subordinate statutes on results of digital evidence analysis;

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;

1. There are various occasions revealed in the trial proceedings of this case, including the fact that there is a same record of sentencing under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the time of committing a crime, the fact that there is no record of criminal punishment exceeding the fine.

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