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(영문) 의정부지방법원 2013.08.01 2013고단1648
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 January 14, 2013, around 21:50, the Defendant openly committed an obscene act, such as getting the victim feel a sense of shame by cutting off the victim E (here, 19 years of age) and panty panty shield, and making the victim feel a sense of sense of shame by taking out the sexual organ into consideration.

2. On January 17, 2013, around 19:20, the Defendant: (a) reported that the said victim passed through the alleyway between the 2nd and the F restaurant located in the Government of Do Government-si; and (b) publicly obscene act in the manner described in paragraph (1).

3. On February 2, 2013, around 22:00, the Defendant: (a) reported that the said victim passed through the alleyway between the 2nd and the F restaurant located in the Government of the Do Government; and (b) publicly obscene act in the manner described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A report on investigation (the details of 112 reports);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles and 245 of the Criminal Act concerning facts constituting an offense (the point of each public performance and the point of each public performance and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act (i.e., the fact that the defendant is going against his/her will not to repeat the crime again);

1. Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act; Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 1156, Dec. 18, 2012);

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