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(영문) 수원지방법원 성남지원 2017.10.20 2017고단2028
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

1. On May 2017, at around 04:00, the Defendant: (a) while waiting in the beauty room in Gwangju-si, while leaving the house and waiting in front of the “C” beauty room in Gwangju-si; (b) was off and exposed to her sexual organ; and (c) was openly committing obscene acts, such as harming the said vehicle’s hand, etc.

2. On June 6, 2017, the Defendant: (a) reported that he gets off and gets on a cosmetic while waiting at the places specified in paragraph (1) at early 04:00; (b) was off and exposed to her sexual organ; (c) was exposed to her sexual organ; and (d) committed an obscene act by openly harming the said vehicle.

3. On June 20, 2017, around 04:06, the Defendant opened a place at around 04:06 at the place indicated in paragraph 1, and was waiting for a vehicle parked on the side of the road to be out of the lower limit, the Defendant reported that the vehicle was on board the Na and the vehicle, while exposing her sexual organ, and used the said vehicle publicly obscene act, such as impairing the hand of the vehicle.

4. On June 22, 2017, at around 04:08, the Defendant laid off at the place indicated in paragraph (1) at around 04:08, and was waiting off between the vehicles parked on the side of the road, the Defendant publicly obscenityd the said vehicle by reporting D and her boarding the vehicle, exposing her sexual organ, and exposing her sexual organ, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each statute on photographs;

1. Relevant Article 245 of the Criminal Act, the choice of punishment, and the choice of imprisonment for 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 (The following favorable circumstances):

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the crime is not good, considering the Defendant’s abnormal sexual protection, etc., and the fact that the risk of repeating the crime appears to exist is unfavorable.

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