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(영문) 수원지방법원 성남지원 2021.01.22 2020고단3755
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

On September 10, 2020, the Defendant publicly obscenityd the act of self-defacing in the manner of using the sexual organ and self-defacing by hand, while maintaining their players, such as the bus stops in the vicinity of the branch office of the Labor Ministry of Labor and Labor, B (n, 23 years old), etc., located in the 2166-gu, Seo-gu, Sim-gu, Simwon-gu, Simwon-gu, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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 main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. The Defendant committed the instant crime of the same kind of law because the reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act, which issued an employment restriction order, has not been much punished by a public performance or obscenity, is an unfavorable circumstance. The victim of the instant case received a considerable mental impulse.

However, the fact that the defendant shows the attitude of reflecting the mistake, and that there is no record of punishment exceeding the fine, etc. are considered as favorable circumstances.

In addition, the sentencing conditions in this case, such as the defendant's age, sex, career, environment, background and result of the crime, etc., shall be determined as ordered by considering the overall sentencing conditions in this case.

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