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(영문) 대구지방법원 2015.01.29 2014고단6138
공연음란
Text

A defendant shall be punished by imprisonment for four 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

1. On September 20, 2014, around 18:10 on September 20, 2014, the Defendant openly obscenityd and obscenityd with her sexual organ for three minutes, while she was viewed as women, such as B (V, 18 years of age) where she talked with her her friends, etc., in sloping-gu, Daegu Northern-ro 9-ro, 133,000.

2. On October 4, 2014, the Defendant: (a) around 16:45, around 16:45, around D companies located in Daegu Northern-gu, the Defendant: (b) reported that female students, such as E (at the age of 18) where they run, walked out the window; (c) opened the window in a state of boarding the Defendant’s F Kankn car; (d) opened the window in a large frame; and (e) viewed the music as the above E, etc.; and (e) openly obscenity by putting the Defendant’s sexual organ in hand and booming it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each police statement protocol to B and E;

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the crimes;

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 reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant requires strict punishment to prevent recidivism in light of the following: (a) considering the fact that the Defendant was punished by a sexual crime in 2006 by taking the sexual organ in front of his or her female children’s sexual organ before being seen, and that the Defendant had the record of being punished by a sexual crime in 2006; (b) the Defendant is able to endeavor to prevent recidivism, such as hospital treatment, etc. in the future; and (c) the Defendant’s age, inclination, environment, circumstances after committing the crime, etc. is determined as ordered

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