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(영문) 인천지방법원 2017.12.21 2017고단7609
공연음란
Text

A defendant shall be punished by imprisonment for not less than two 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

On March 2, 2017, the Defendant: (a) around 08:05, on the front side of the Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, Incheon, the Defendant 2017, on the front of the vehicle while driving D Kaxa vehicle, she was able to see the back habits of the victim E (13 tax, leisure) and her way to ask the victim in order to take a bathly, she was able to look at the vehicle with the vehicle, and then she was able to show her sexual organ through open windows, with the driver’s seat, her panty and panty, and open windows.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. 112 Declarations, vehicle photographs of suspects, vehicles for use, and photographs of suspects;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed again the instant crime even though the Defendant had previously been punished for the same kind of crime before, and the victim seems to have been merely a middle school student with his age to have caused a considerable mental impulse to the victim, etc., it is necessary to punish the Defendant with strict punishment corresponding thereto.

However, in light of the circumstances favorable to the defendant, such as the defendant's age, sex, environment, motive and means of the crime, result, etc., when the defendant was committed the crime of this case, his mistake is divided in depth, and the agreement was reached smoothly with the victim, etc., it is decided as per Disposition in consideration of all the sentencing factors as shown in the argument of this case, such as the defendant's age, sex, environment, motive and means of the

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