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(영문) 대구지방법원 서부지원 2018.11.15 2018고단772
공연음란
Text

A defendant shall be punished by imprisonment for not less than eight 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. On August 2017, the Defendant: (a) was found to have been off, and laid off, from the front side of the D cafeteria in Daegu-gu, Daegu-gu, at around 22:00, the Defendant committed an obscene act openly in a way that stimulates the distance while being exposed to an unspecified number of unspecified people while exposing sexual organ.

2. On March 6, 2018, the Defendant committed a publicly obscene act in a way that allows multiple unspecified persons, such as G, etc., to be kept in a state where he/she was off and exposed to sexual organ on March 6, 2018, at the 07:40, Daegu-gu, Daegu-gu, the Defendant exceeded his/her load on the alley of the F dry-ro E, and was exposed to sexual organ.

3. On March 7, 2018, the Defendant committed a publicly obscene act in a way that allows a large number of unspecified persons, such as J, etc., to be exposed to sexual organ at the front of the I church located in Daegu-gu, Daegu-gu, on March 7, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Application of each crime photograph, CCTV CD-related Acts and subordinate statutes;

1. Relevant Article 245 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2), (3), and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: The fact that the defendant continues to commit a similar crime even though he/she was sentenced to a suspension of indictment or sentenced to a fine due to the same kind of crime, and accordingly, the victims who have observed the crime repeatedly occur: The fact that the defendant is against the crime in this case; the defendant has no significant penalty history exceeding the fine; the defendant did not proceed to the exercise of tangible power or indecent act against the witness; and the defendant continues to be the defendant.

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