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(영문) 대구지방법원 포항지원 2017.02.07 2016고단1637
공연음란
Text

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

1. On July 2016, the Defendant: (a) disembarking out of a middle am with women who are unable to know their names from the front way of the parking lot of the 1st floor in the north-gu, Mapo-gu, Mapo-si around the middle am; and (b) cut out their gender.

The act of self-defense was committed.

2. On August 19, 2016, the Defendant engaged in self-defense and self-defense on the front side of the F elementary school located in North Korea-gu, North Korea-si, North Korea-si, in front of the F elementary school located in North Korea-gu, North Korea-si.

3. On August 19, 2016, the Defendant: (a) unloaded from the place where there is a G, etc., going through a studio 1st floor parking lot near the I High School located in the north-gu, Y at the port of 07:40 on August 19, 2016; and (b) laid down his/her sexual organ.

The act of self-defense was committed.

4. On August 22, 2016, the Defendant: (a) unloaded from the place where there is a G, etc., i.e., flying at the 1st floor parking lot near the I High School in North-gu, Y at the port of 07:45 on August 22, 2016; and (b) laid down his/her sexual organ.

The act of self-defense was committed.

5. On August 26, 2016, the Defendant: (a) unloaded from the middleway in the north-gu K at a port on August 26, 2016, where M, etc. is located; and (b) laid his/her sexual organ out.

The act of self-defense was committed.

Accordingly, the Defendant made a patently obscene act five times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to M and N;

1. Application of Acts and subordinate statutes to each internal investigation report (the filing of 112 reported case lists; the results of victim G interviews with witnesses of obscenity; the confirmation of crime scene and the filing of field photographs);

1. Article 245 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The aggravated punishment for concurrent crimes under 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 specified in the crime of obscenity committed on or around August 26, 2016, the largest punishment for concurrent crimes)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for 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: The same kind of crime has been committed repeatedly.

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