logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2019.10.30 2019고단1448
공연음란
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 21, 2019, around 12:18, the Defendant made a public obscene act at the parking lot under Part C, which is adjacent to the building B in Maan-gu, Maan-gu, Maan-gu, Mana-gu, and exposed his sexual organ to an unspecified number of people.

2. On May 23, 2019, around 12:10 on May 23, 2019, the Defendant: (a) seeed from the parking lot under Part C, which is adjacent to the building B in Manan-gu, Mayang-si; and (b) was openly obscene at a place where an unspecified number of people pass by exposing his/her own brightness and clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each investigation report (referred to as 9, 14 Nos. 9 and 14 of evidence list), and a detailed statement of handling each 112 reported case;

1. Application of Acts and subordinate statutes on site photographs;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Community Service;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to one year and six months;

2. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account all the circumstances indicated in the arguments and records of the instant case, such as the age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

Unfavorable circumstances: Each of the crimes of this case is to produce the sexual organ to women who are passing on the road repeatedly, and its nature is poor in light of the method and form of crime.

The victims of the crime of this case have considerable sexual humiliations.

arrow