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(영문) 대구지방법원 2016.10.11 2016고단2180
공연음란
Text

1. The defendant shall be punished by imprisonment for four months;

2. The defendant shall be ordered to complete a sexual assault treatment program for 40 hours;

Reasons

Punishment of the crime

On March 27, 2016, around 14:35, the Defendant discovered E (nive, 39 years of age) in front of the D convenience points in Daegu Northern-gu C, and subsequently publicly obscene acts, such as holding a flag and taking a flag by hand, leaving a flab and flabing a sexual organ, and showing a flab by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of the examination of witness E of this court;

1. Determination as to the assertion that performance obscenity report and internal investigation report [the defendant presents a obscenity, but this does not constitute a public performance obscenity due to an action to correct it: The victim who was at the scene to stop the crosswalk cannot find any special reason to make a false statement in order to mislead the defendant, and the victim can sufficiently trust his/her sexual organ in this court, and the defendant cannot be seen as an action to correct the spread, considering the circumstances that it is difficult for him/her to regard it as an action to correct the spread. Meanwhile, the defendant did not go against the first police station at the time of questioning the police station, while the defendant did not appear in that place, but did not change the situation where the investigator made a false statement in order to see his/her own sexual organ, and it does not necessarily change the law to the point where the police officer made a statement to see it, and it does not necessarily change the situation where the investigator made a statement to the court from time to time to time to time.”

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

1. Reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes - Circumstances favorable to him/her: Injury that is not previous and unfavorable to him/her;

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