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(영문) 서울서부지방법원 2017.02.17 2016고단2395
공연음란등
Text

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

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On May 22, 2016, at around 02:30 on May 2, 2016, the Defendant openly committed an obscene act by opening a bomer and cutting out the sexual organ out and scambling it in his hand, in front of the food point of “C” located in Eunpyeong-gu Seoul Metropolitan Government, with a view to being seen by an unspecified number of people, such as D (n, 17 years old) in the said restaurant.

2. The Defendant, around 03:11 on the same day, openly obscenity committed an obscene act by exposing her block in a state where it can be seen by an unspecified number of people who walk in the front of the F Park in Eunpyeong-gu Seoul E.

3. At around 03:31 on the same day, the Defendant openly committed obscene acts by openly exposing a bomer and exposing the sexual organ to the outside, in a state where many and unspecified people can see, such as I (n, 21 years old) that passed the place in front of the “H fish driving school” located in Eunpyeong-gu Seoul Metropolitan Government.

4. On October 25, 2016, at around 04:54, the Defendant: (a) opened a studio 204 located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) the victim K, a resident of the said studio, did not correct the studio by using the studs; and (c) entered the victim’s residence and invaded the victim’s residence.

5. In front of M Station L in Seodaemun-gu L on the same day, the Defendant: (a) laid down a bomer and exposed a sexual organ, and laid off a female bomer’s sexual organ so as to see his sexual organ “low-day”; and (b) openly obscene act.

Summary of Evidence

[Judgment 1] Facts (2016 order 2395)

1. Statement by the defendant in court;

1. A written statement of D [The facts set forth in its holding (2-2, 2016 Height 2395);

1. Statement by the defendant in court;

1. Investigation report (Investigation of CCTV around the place of occurrence) (Article 3-1 of the Decision (Article 2395 of the High Court Order 2016));

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A written statement of I [The facts set forth in its holding (2016 Height 3456)];

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. The statement of K;

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