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(영문) 의정부지방법원 고양지원 2018.11.16 2018고단2383
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 July 17, 2018, the Defendant was driving around B at the ancient city around 23:19 on July 17, 2018.

C Within the bus, the seat of the victim D (as soon as 21 years old) shall be seated in front of the front line of the seat seat seated, and shall be laid down by the defendant, and the sex flag of the defendant shall be laid down.

I performed the above act.

2. On the same day, the Defendant 23:40 on the bus stops in the direction of “F” located in E at the high altitude of around 23:40 on the same day, set a boom at the bus stops where the victim G (the victim G, 17 years old) appears, and set the Defendant’s sexual flag.

The above act was committed, when the victim gets aboard the bus C, the victim gets on board the bus and gets on the seat front of the passenger seat where the victim gets on the bus, and gets off the defendant's sexual flag.

I performed the above act.

Accordingly, the Defendant publicly committed each of the obscene acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D or G;

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Order to Attend the Republic of Korea, and the contents of each of the instant crimes, sexual humiliations, etc., and sexual humiliations, etc., however, the Defendant recognized the instant crime, and reflects his/her wrongness, and there is no record of punishment in Korea, and other circumstances, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and the sentencing as indicated in the record and the theory of changes, shall be determined as the sentence as indicated in the Disposition.

When comprehensively taking into account the defendant's age, occupation, existence of punishment for sex crimes, the details of the crime in this case, the method and consequence of the crime, seriousness of the crime, etc., the Act on the Protection of Children and Juveniles against Sexual Abuse.

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