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(영문) 수원지방법원 안양지원 2019.10.02 2019고단1119
공연음란
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 16, 2019, around 09:20 on April 16, 2019, the Defendant: (a) seeed the victim C (at the age of 27 years) in front of the Manan-gu in Manan-gu in Manan-gu in Manan-gu in Manan-gu, An act of self-defense by cutting the sexual organ into his hand and skeing it.

Accordingly, the Defendant publicly committed an obscene act.

2. On April 30, 2019, at the same place as Paragraph 1, around 09:45 on April 30, 2019, the Defendant: (a) seeed the victim D (at least 22 years old); (b) laid down a brush, boomed the sexual flag in a brush and sciring manner.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. A criminal investigation report, CCTV images, and CCTV images;

1. Application of Acts and subordinate statutes on crime preventionCCTV image photographs;

1. Relevant Article 245 of the Criminal Act and the choice of punishment for the crime, and the choice 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 (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Community Service;

1. Grounds 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 Disabled Persons Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to one year and six months;

2. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account all the circumstances indicated in the arguments and records of the instant case, such as the age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

Unfavorable circumstances: Each of the crimes of this case committed by the defendant repeatedly on the road side, and committed a self-defense act, and its nature is poor in light of the method and form of crime.

The victim women who have observed each of the crimes of this case feel a little sense of sexual humiliation and displeasure.

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