2012 Highest 3419 Public performance obscenity

A

Kim Byung-Jins (prosecutions) and Huhee-hees (Public trial)

Attorney B

May 30, 2013

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. Probation and community service for the accused shall be ordered for 120 hours.

Criminal facts

1. On January 1, 2012, the Defendant openly commits an obscene act, such as: (a) unloading from a building E in the middle of 16:30 in Ulsan-gun, Ulsan-gun, a student of FJ from G, H, I, and J, a student of FJ from the building E in the middle of 16:30; (b) committing a self-defensive act, such as taking away from the building E, a student of FJ, H, I, and J from the past;

2. On March 13, 2012, the Defendant openly commits an obscene act, such as: (a) unloading i, L, and H, a student of Fhigh schools, from around 13:00, on the Gudio-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, by using a scambling scam; and (b) taking a scambling scam and scam

3. On April 17, 2012, the Defendant committed a publicly obscene act, including: (a) the Defendant: (b) the Defendant: (c) the Defendant: (d) the Defendant: (a) committed an obscene act on April 17, 2012; (b) the Plaintiff, a student of Fhigh School; (c) the Plaintiff, a student of FJE; (d) the Plaintiff, a student of FJE; and (d) the Defendant:

4. At around 08:50 on April 17, 2012, the Defendant publicly commits an obscene act, such as unloading from a room room room in Ulsan-gun, Ulsan-gun P et al., a student of a Fhigh school, and scambling the sexual organ and scambling it, etc.

5. At around 18:00 on May 7, 2012, the Defendant: (a) committed publicly obscene acts, such as unloading Q, I, N, and H, a student of F High School, in front of the building in Ulsan-gun, Ulsan-gun, by leaving the Republic of Korea and scaming their sexual organ, and scambling and scaming them; (b) around May 11, 2012; and (c) around 11:30 on May 11, 2012, the Defendant openly committed an obscene act, such as: (a) unloading G, R, and S, a student of F High School, from the scam slick-gun, Ulsan-gun, Ulsan-gun, U.S, a student of F High School; and (b) committing self-defense by scaming their sexual organ.

Summary of Evidence

1. Legal statement of P;

1. The statements made in I, Q, R, S and G in the second trial records;

1. Determination as to the assertion by the defense counsel of chassis and vehicle photographs

The defendant's defense counsel asserts that the person who committed each of the crimes of this case is not the defendant and the criminal's identity procedure is unlawful, so the witness's statement is not reliable.

The evidence submitted by the prosecutor alone is insufficient to acknowledge that the witness had gone through legitimate criminal identification procedures, such as making the witness state his/her appearance in advance during the process of determining the defendant as a criminal at the time of the investigation of the instant case, making the contents written, and making the witness state one of several persons whose appearance is similar.

However, in the case of this case, several victims witness a criminal repeatedly, witness a criminal through the victim's cell phone, attempt to take a victim's cell phone or escape from the victim's cell phone, and the defendant was identified as a criminal by agreement. Among them, Q-SP witness 3 to 4 times, Q-P witnessed in the nearest distance of 2 meters. R.G. in the case of G, the victim was given money and received money. In the case of P, the victims appeared to have a comfortable sense at the time of witnessing the crime, but most victims took active response, such as the victim's appearance to report the crime, and the victim's number or model was also examined by several victims, such as I, and the victim's number and model were also examined by several victims, and the defendant's number and the replacement of the defendant's vehicle are sufficiently consistent with each other.

Therefore, since the above facts charged are all proved to prove the crime, the above argument by the defense counsel is not accepted.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

§ 245 of the Criminal Code

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment prescribed in the crime of obscenity of May 11, 2012, with the largest penalty)

1. Suspension of execution;

Article 62(1) of the Criminal Act (As regards the circumstances favorable to the defendant among the reasons for sentencing below)

1. Probation and community service order;

Article 62-2 (1) of the Criminal Act

The sentence of punishment shall be suspended in light of the fact that the crime has a negative impact on the sensitive sentiments of the youth press repeatedly committed against many unspecified female students on several occasions, and that the defendant has no criminal record of suspension of execution or any other criminal record, and that the defendant has engaged in supporting activities at the ordinary Malaysia countermeasure organization, etc., the execution of the sentence shall be suspended: Provided, That in light of the fact that a criminal record of the same kind of fine has a significant risk of recidivism and considerable damage, probation and community service for a considerable period of time shall be ordered, and the sentence shall be determined

Judges Hah-sik

A person shall be appointed.