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(영문) 수원지방법원 안산지원 2014.11.28 2014고단2521
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

Criminal facts

1. On August 26, 2014, at around 01:00, the Defendant committed an obscene act openly by committing an act of self-defashing, i.e., assaulting a large number of unspecified women who passed through their places on a alleyway near a sloping road, and committing a sexual intercourse with his/her fingers.

2. On September 3, 2014, around 17:20, the Defendant committed a publicly obscene act by making it possible for many and unspecified women to see the next proposal, and by making a self-defeasing a sexual organ, which was parked in the vicinity of the central library located in the 7th luminous-dong, in light of the light name.

3. On September 5, 2014, around 00:50 on September 5, 2014, the Defendant committed an obscene act by openly committing a self-defensive act, such as breaking a large number of unspecified women who passed the place on the alleyway in Gwanak-gu in Seoul Special Metropolitan City, and breaking their sexual organ to their descendants.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on internal investigation ( telephone communications with reporters G);

1. Application of Acts and subordinate statutes to the H’s written statement;

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

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

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The crime of this case on the grounds of sentencing under Article 16(2) and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Probation and Order to Attend Course is a case where the defendant publicly obscenity committed three times, and the defendant has already been punished for the same kind of crime, and the defendant is aware of all of the crime of this case and reflects his mistake in depth, and the defendant reflects his mistake in light of favorable circumstances such as there is no penalty power exceeding the fine, and all of the sentencing conditions shown in the trial of this case.

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