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(영문) 대구지방법원 김천지원 2016.11.09 2016고단1456
공연음란
Text

A defendant shall be punished by imprisonment for four 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. Around September 4, 2016, the Defendant committed an obscene act openly by putting panty and panty, breaking and skeing the sexual organ into hand, while viewing that the Defendant, around September 19, 2016, was located in Kimcheon-si C, and under the bottom of the Eat-si located in front of the Datma, eat, and eat (15 years old), etc. in front of the Datma, was considered.

2. Around September 2016, the Defendant committed the act of openly obscene by making a panty and panty, putting panty into his/her hand, shaking his/her sexual organ into his/her hand, and committing the act of self-defense at the place described in paragraph (1) at around 19:30 as of September 2016, where the Defendant was at the end of 19:30 as of September 201.

3. On October 4, 2016, around October 21, 2016, the Defendant committed the act of openly obscene by putting panty panty and spanty spanty with a spande and spandeing the spanty with hand over, and committing the act of self-defense at the places listed in paragraph (1) around October 4, 2016.

4. Around October 7, 2016, the Defendant committed an obscene act by openly putting panty and panty, brushing the sexual organ into hand and brushing it, and brushing it by openly committing the act at the places listed in paragraph (1) around 19:50 on October 7, 2016, while viewing that the Defendant had gone through such places, and G (22 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Reports on internal investigation (as to attachment of photographs of the scene of the case and the place of arrest, with regard to attachment of a list of 112 reported cases of damage);

1. Application of Acts and subordinate statutes on investigation reports (in cases of crimes committed by suspects on October 4, 2016, photographs of the suspect);

1. Article 245 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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 62-2 of the Criminal Act, Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, is that the Defendant has been subject to a summary order of KRW 1.5 million as a public performance and obscenity in the Daegu District Court Kimcheon on September 27, 2010, by receiving a fine of KRW 1.5 million as a public performance and obscenity, etc.

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