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(영문) 대전지방법원 2015.11.27 2015고단3270
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

At around 17:40 on July 13, 2015, the Defendant was driving a vehicle on the front of Seo-gu Daejeon, Seo-gu, Daejeon, and found the victim D (the age of 26) before, and stopped the vehicle back to the victim following the victim while following the victim, and subsequently, committed an obscene act openly by using self-defense, such as getting the driver’s seat window off and putting a pande off and pande the panty.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the written statements to the victim;

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

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

3. It is true that there is room for strict punishment in light of the fact that there is two times with the same kind of fine for the reason of sentencing as the sentencing of Article 16(2) main sentence and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Training, and that there is a high possibility of criticism in the same crime, and that there is little possibility that women exposed to obscene acts have received a large mental impulse.

However, it is against the defendant's wrong judgment when it comes to the court, and it is against the defendant's mental problem, such as uneasiness and impulse disorder, and the mental therapy is faithfully received, and the defendant has no criminal record of suspended execution or more due to the same crime, etc., the punishment shall be determined as ordered by the order in consideration of the circumstances.

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