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(영문) 서울남부지방법원 2020.11.25 2020고단1966
공연음란
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 15:05 on February 17, 2020, the Defendant made a patent obscene act by asking “D (12 years of age) where he was under the influence of a mountain station,” asking “Is anywhere the mountain station is located.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. 112. List of reported cases;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Determination on 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 Act on Welfare of Persons with Disabilities

1. At the time of the summary of the defendant's and his defense counsel's assertion, the defendant has no fact of getting off and getting off her sexual organ.

There is such a fact.

Even if the defendant is driving,

It is not a performance because there was a situation that only the victim could be seen through a senior window that was close to a closed space called a car which was stopped at a temporarily.

2. Comprehensively taking account of the following facts and circumstances that can be recognized by the court by comprehensively taking into account the evidence duly adopted and examined, the defendant's assertion of the defendant and his defense counsel is not acceptable, since the defendant can be recognized as having committed an act identical to the facts charged and the performance of obscenity.

At the time of the case, the victim was a child of 12 years of age who was an elementary school student.

The victim stated in the investigative agency that “he was flickly flicked, flicked, flicked, flicked, flicked, flicked, flicked, flicked, and flicked and flicked.

In addition, in the light of sex education received by children in the future, the victim is a male adult.

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