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(영문) 수원지방법원 안양지원 2019.05.22 2018고단2149
공연음란
Text

A defendant shall be punished by imprisonment for six 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 15:50 on August 28, 2018, the Defendant openly committed an obscene act by opening a bridge and brupting b between C High School (Seoul High School) and a balllum (D) located in Ansan-gu B, Annyang-si) while viewing female students E, F, G, etc., who were attending the said school, and brupting and bruing their sexual instruments by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and F;

1. Application of the Acts and subordinate statutes on paper copies of crimes;

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Community Service;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: One month to one year; or

2. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account all the circumstances indicated in the arguments and records of the instant case, such as the age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

D. Unfavorable circumstances: The crime of this case was committed by the defendant while having his sexual organ in the vicinity of the female high school, and the crime of this case was committed with his own sexual organ at a low level, and its nature is poor in light of the method and attitude of the crime.

Many female students observed the instant crime, and they seem to have caused considerable sexual humiliation.

The defendant has been sentenced to two times (2 million won, five million won) of a fine for the same crime.

The favorable circumstances: The defendant seems to have the attitude of recognizing and opposing the wrongness.

In addition to the previous convictions of the above fines, the defendant has no other force.

There is a position in which the defendant should support his family.

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