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(영문) 수원지방법원 2017.09.28 2017고단5591
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

On May 15, 2017, the Defendant was waiting for a bus in the direction of the “E” located in Suwon-si, Suwon-si around 22:45 on May 15, 2017.

F et al., while complying with F et al., take the Defendant’s sexual organ;

The act of self-defense was publicly obscene.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of the Acts and subordinate statutes to photograph the suspect taken by the reporter;

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

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

1. Article 62-2 of the Criminal Act, the main text of Article 16(2), Article 16(3) main text, and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes have committed a self-defense act on a large street, and circumstances exist between women while committing a self-defense act.

As the defendant did not want to commit the crime of this case, the act of self-defense was observed, and sexual morals was harmed.

Even though the Defendant was punished by a fine of one million won due to obscene performance in 2013, the Defendant again committed the instant crime. However, the Defendant recognized and opposed to his mistake.

The defendant is currently unable to be healthy at present, and also supporting his or her poor state of health.

There is no criminal offense exceeding the fine against the defendant.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.

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