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(영문) 서울서부지방법원 2015.10.07 2015고단1277
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 of the final judgment.

Reasons

Punishment of the crime

1. At around 07:40 on April 22, 2015, the Defendant openly imprisoned C (n, 25 years old) in the passage between the building of multi-household in Eunpyeong-gu Seoul and the vegetable rice village surrounding the outer range of the building and multi-household house in Eunpyeong-gu, Seoul, and used a brupt and a brupting act, such as opening a brush and spreading a brush and spreading a brush with a brupt, thereby openly obscene act.

2. On July 7, 2015, the Defendant: (a) around 07:25, 2015 and around 07:25, 2015, at the end of “E” located in Eunpyeong-gu Seoul Metropolitan Government D; (b) committed a publicly obscenity act by getting out of the Defendant’s bar before F (the age of 19) and booming him/her with his/her sexual organ’s hand and with his/her fingers, thereby committing an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and F

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 on the suspension of execution (the fact that the defendant has no record of punishment for the same kind, and the fact that he reflects it);

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

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