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(영문) 의정부지방법원 고양지원 2020.04.17 2020고단60
공연음란
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 September 17, 2018, the Defendant openly imprisoned the front of C (Y, 22 years of age) where he/she was living in the vicinity of the B B bridge in Goyang-gu, Goyang-si, Goyang-si, Goyang-si, B B B B, and conducted an obscene act by means of self-defense.

2. At around 22:50 on April 19, 2019, the Defendant made a publicly obscene act by openly exposing the appearance in front of the above C, which was passing through B in order to have it returned home, while hiding the entire face with a verification color, and hiding it on the lower part of the cover.

3. 피고인은 2019. 8. 9. 22:30경 고양시 덕양구 D에 있는 'E' 앞 노상에서 길을 걸어가던 F(여, 22세)을 발견하고 하의를 벗고 상의는 목뒤로 넘겨 상체가 노출되도록 한 다음, 미리 준비해둔 검은색 마스크를 착용하고, 입고 있었던 주황색 팬티를 머리에 쓴 상태로 F를 뒤따라가다, F를 향해 “멍멍”이라고 개짓는 소리를 내고, F가 뒤돌아보자 자위행위를 하는 방법으로 공연히 음란한 행위를 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each statement made by the police officer in relation to C and F;

1. Application of each of the visual Acts and subordinate statutes to each field photograph;

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

1. Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, as amended by Act No. 15904, Dec. 11, 2018; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities; the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities repeats a crime by coloring a female of the 20th first half of the year; and any witness was subject to considerable mental impulse.

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