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(영문) 대전지방법원 공주지원 2017.11.17 2017고단260
공연음란
Text

A defendant shall be punished by imprisonment 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 19, 2017, the Defendant: (a) around 22:45 on July 19, 2017, the Defendant was refused to demand that E (one person) who is the business owner of the said main shop provide an alcoholic beverage on credit; (b) subsequently, the Defendant went out of the said main shop and went through the said main shop glass, thereby seeing the said E by going through the said main shop glass; and (c) made a publicly obscene act by openly taking into account the circumstances while putting the sexual flag into hand.

2. On July 29, 2017, the Defendant committed the crime at the entrance of “G” head office located in “G” located in Gongju-si F on July 29, 2017, at the entrance of around 23:30 on July 29, 2017, and was friendly and walking along the way at the time.

A report of H (Gam) was made by opening a bomer and bombing the sexual organ with hand, and was taken by the Defendant’s friendly body in order to report the said H’s friendly body, and entered the Defendant’s image into a building site where the said bomb is located, and then re-comprising in the same way, and subsequently re-comprising it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made with respect to E and H;

1. Each investigation report, and notification to the department related to the report of 112 case;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the registration and submission of personal information under Article 62-2 of the Criminal Act and Article 44-2 of the Medical Care, Care, Custody, etc. Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 4

The necessity of the treatment order and the reason for sentencing have been past record of the suspension of indictment for the same kind of crime, but two times.

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