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(영문) 의정부지방법원 2018.12.13 2018고단3594
공연음란
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. On July 17, 2018, the Defendant entered the “C” convenience store in which many and unspecified people have entered and departed around 02:37, Macheon-si B.

While there is a D, the Defendant, at that place, committed an obscene act by openly putting his hand into front of the display stand and exposing his sexual organ, and committing a self-defense.

2. On August 6, 2018, the Defendant entered the convenience points specified in paragraph 1 between around 01:21 and around 01:36.

While there was D, customer E, customer F, etc., the Defendant, who was an employee in a knife at that place, had a sexual organ with his/her inner organ, and had a sexual organ boomed by a knife, he/she had sexual organ boomed with his/her sexual organ, and had sexual organ brue with his/her sexual organ brue.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E and F;

1. A report on investigation;

1. On-site photographs;

1. Investigation report (to visit convenience stores to confirm the fact of additional suspicion and to check CCTVs);

1. Application of the statutes of Chapter 1 of CCTV-storage media CDs;

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting 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 62-2 of the Criminal Act on the observation of protection;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the crime of this case, and the criminal records of the defendant's same kind of crime, etc., are not less exceptionally applied to the employment restriction order.

However, the defendant is trying to avoid re-offending with his mistake.

There is no criminal offense over a fine against the defendant.

In addition, the defendant's age, sex, environment, motive and background leading to the crime, method and mode of the crime, circumstances before and after the crime, etc. shall be determined by comprehensively taking into account the various circumstances shown in the arguments in this case.

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