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(영문) 창원지방법원 진주지원 2016.03.10 2015고단1041
공연음란
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 August 26, 2015, the Defendant: (a) taken out her gender at the front parking lot of the D Emergency Hospital C located in the Namnam-gun, Namnam-gun, in front of the D Emergency Hospital C; and (b) at the front of a large number of unspecified persons, such as nurses E;

In addition, approximately 5 minutes of self-defense was used as a trace of miscellaneous activities.

2. On September 14, 2015, the Defendant: (a) disembarked from around 11:0 on September 14, 2015 at the 102-dong 102-dong 1st floor parking lot in South-Namnam-gun, Seoul-do; and (b) disembarked the sex organ in front of the general public,

In the 10th century, approximately 10 minutes of self-defense was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H and E;

1. Application of 8 Acts and subordinate statutes to field photographs, 3 copies of field photographs, 5 copies of field photographs,CC-TV images, and 8 photographs;

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

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

1. In light of the fact that the Defendant was found to have committed the instant crime on April 2, 2015 and received a summary order of KRW 500,000,00 from around two occasions, on the grounds that the reason for sentencing under Articles 16(2) and 16(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Crimes committed by the Defendant, the Defendant’s liability for the instant crime is not weak and the risk of repeating the crime seems to be considerable.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant has committed a crime against himself/herself and again does not commit a crime, and that there are no other criminal records except for the punishment for the above one-time fine, the fact that there is no other criminal records, etc., shall be considered as favorable to the defendant, and other various sentencing conditions specified in the records of this case, including the defendant's age and sexual behavior, shall be determined as ordered by taking into account

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