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(영문) 서울남부지방법원 2017.09.20 2017고단2765
공연음란
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 10:30 on May 26, 2017, the Defendant publicly provided a obscenity act in favor of her family members and her family members on the street side of the C middle school playground located in Yeongdeungpo-gu Seoul Metropolitan Government, and displayed her sexual organ in the D(20 years of age).

around 05:20 on June 14, 2017, the Defendant publicly obscenityd the Defendant, i.e., using a large number of women on the bus stops located in Yeongdeungpo-gu Seoul Metropolitan Government, making up for about 1 to 2 minutes of sexual organ at his own land, and doing a obscenity act, such as using approximately 1 to 2 minutes of sexual organ at his own land.

Summary of Evidence

"2017 Highest 2765"

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs "2017 Highest 3261";

1. Statement by the defendant in court;

1. A report on investigation;

1. Application of statutes on site photographs;

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting a crime;

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. Article 16(2) and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, on the grounds of sentencing, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) in 2006, and even if he had the record of being sentenced to a fine of KRW 3 million for a crime of obscenity in public performance on February 8, 2017, it is not easy to take into account that the Defendant again committed each of the instant crimes.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant makes a confession of his/her mistake and reflects, that the living alone seems to be not good in economic circumstances, and that the sentencing conditions shown in the records and arguments are considered.

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