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(영문) 부산지방법원 동부지원 2016.10.12 2016고단1478
공연음란
Text

A defendant shall be punished by imprisonment for six 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

On July 14, 2016, around 01:12, the Defendant publicly committed an obscene act, such as reporting young women passing through Busan Metropolitan City Maritime Daegu B, leaving the place to view C (here, 28 years of age) as seen earlier, leaving the sexual organ, leaving the sexual organ in hand, and shaking it several times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes on internal investigation reports (Attachment to photographs of suspected vehicle vehicles), CCTV photographs;

1. Article 245 of the Criminal Act applicable to the crimes and Article 245 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case committed on the grounds of sentencing under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is an act of exposing a sexual organ before a woman in the night, and the crime is not good, and the other woman appears to have been suffering from considerable mental impulse and apprehension.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant has no record of criminal punishment except for a single type of fine.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set

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