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(영문) 광주지방법원 2017.06.16 2017고정576
공연음란
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

1. On January 12, 2017, the Defendant stopped a vehicle on the front road located in Gwangju-gu, Seo-gu, Gwangju, and left the steering window on the front side of the vehicle so that unspecified persons traveling from the vehicle can see the vehicle, and then taken the sprink of his gender with his seat sitd and sited on the vehicle.

The act of self-defense was committed by scambling with hand.

2. On January 15, 2017, the Defendant stopped a vehicle on the front side of G in Seo-gu, Gwangju at around 10:00, and left the front side of the G-gu, Seo-gu, Gwangju, so that unspecified persons traveling from the place can see the vehicle, and then taken off their gender with the seat of the driver so that they can see the vehicle.

The act of self-defense was committed by scambling with hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A police seizure protocol and a list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (as to the reporter H’s statement);

1. Relevant Article 245 of the Criminal Act, the choice of punishment, and the choice of fines for the crime (the point of obscenity in a public performance)

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. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (a) of the same Act (a defendant is led to confession and is seriously against himself/herself.

The Defendant was guilty of committing the crime No. 1.

The defendant seems to have committed the crime of this case by contingency.

The defendant is the first offender.

The defendant supports a person with a physical disability who is in a Grade ケ.

In addition, the sentence shall be suspended in consideration of the circumstances that form the conditions for sentencing as shown in the records, such as the age, sex, motive and consequence of the crime, and the circumstances after the crime.

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