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(영문) 서울서부지방법원 2016.08.31 2016고단1663
공연음란등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:05 on May 7, 2016, the Defendant engaged in an obscene act, such as obscenity, knee and knee, knee, sexual organ, etc., showing that D had a right of KRW 10,00,00, and hereinafter “Korea house,” under the following circumstances: (a) the Defendant had a right of KRW 10,000; (b) the Defendant had a right of KRW 10,00,000; and (c) the Defendant had a right of KRW 10,00,000.

2. On May 7, 2016, at around 02:30, the Defendant: (a) spiting the Defendant on the face of the defective G, spiting the Defendant’s clothes; (b) Habling the clothes of H on the face of the defective G on the ground that the Defendant was obscenity at the front of Yongsan-gu Seoul, Yongsan-gu, Seoul, on the ground of obscenity’s obscene act; (c) Habling the Defendant on the face of the defective G; and (d) Habling the clothes of H on the face and clothes; and (d) spiting it on the face and clothes; and (e) Habbbbbbbing the I’s buck.

Accordingly, the defendant assaulted police officers who perform legitimate duties in relation to arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H and I;

1. Application of Acts and subordinate statutes to the draft D;

1. Article 245 of the Criminal Act applicable to the facts constituting an offense (a point of obscenity) and Article 136 (1) of the Criminal Act (a point of interference with the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 62-2 of the Criminal Act on the observation of protection;

1. The defendant is deemed to have a mental and physical impediment to the determination of his/her mental and physical weakness under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Crimes, but in light of the content and means of each crime, the defendant's behavior before and after the crime, etc., the defendant was in a state that he/she lacks the ability to discern things or make decisions at the

We cannot see this part of the defendant and his defense counsel.

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