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(영문) 서울중앙지방법원 2019.09.25 2019고단4090
공연음란등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A public performance and obscenity Defendant from around June 2, 2019

6. 3. Between 00:10 and 00, multi-household houses located in Gwanak-gu in Seoul Special Metropolitan City, and △△△△△, brought a house into a semi- underground house window of C and D, and made a public obscenity by hand, taking out his sexual organ and shaking it.

2. On June 3, 2019, the Defendant: around 02:11, in Gwanak-gu in Seoul Special Metropolitan City, the Defendant: (a) cut away from the male-gu Mandong F; and (b) cut away from the victim’s G groups located in the place of escape, and stolen the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C, F, D, H, and I;

1. Written statements prepared by the J;

1. Ratification, transmission, etc.;

1. Investigation report (in cases of access to the place of committing a crime and in cases of breeding lines near the place of committing a crime), investigation report (in cases of CCTV rosping clothes), CCTV investigation report (in cases of 112 reporting, attaching a list of cases), investigation report (in cases of attaching a list of cases), investigation report (in cases of discovery of the manager of clothing collection box and photographs), investigation report (in cases

1. Application of the Acts and subordinate statutes on suspect photographs, each on-site photograph, each CCTV closure photograph, on-site photograph, and CCTV closure photograph;

1. Relevant Article of the Criminal Act; Articles 245 and 329 of the Criminal Act; Selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The Defendant, on the grounds of the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes committed an obscene act by openly taking advantage of the following: (a) the Defendant: (b) sent a window to the vicinity of a building wherein young women live at night; and (c) opened a window and bring in inside the building; and (d)

As a result, the peace and privacy of victims were seriously infringed.

In addition, the defendant was sentenced to a suspended sentence of two-year imprisonment for larceny in 2014.

However, it is very serious damage to larceny.

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