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(영문) 부산지방법원 2018.09.28 2018고단3165
공연음란
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2018, the Defendant followed C (M, 23 years of age) a c (M, 23 years of age) passed in the front of Busan High-gu, Busan High-gu, Busan High-Tech on April 11:38, 201, and landed his bomb, and landed his bomb.

Dr. Dr.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by each police with regard to C;

3. Application of Acts and subordinate statutes reporting police investigations;

1. Article 245 of the Criminal Act applicable to the facts constituting an offense and Article 245 of the choice of punishment;

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

3. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to one year; and

2. The sentencing criteria are not set for the crimes of this case, for which the sentencing criteria are not set.

In this case, it is not good that the defendant had committed an obscene act in public manner by following the criminal administration C, which was passed at a low distance, and by openly exposing sexual organ, and it is not good to commit a crime or a criminal act.

The Defendant appears to have committed the above crimes in the state of face, such as writing a cap and wearing a gar.

The young female under 23 years of age who observed the defendant's crime seems to have suffered a considerable shock and pain due to mental disorder as well as sexual humiliation and mathy.

In addition, the defendant seems to have been punished for the same crime even before.

However, the defendant's act of committing the crime of this case was caused by bombal colon infections and bombalosiss, etc.

In addition, it seems that it can not be ruled out the possibility of being the cause of the urology, such as urology, the perception of the crime and the misunderstanding of the wrong, the criminal records above have been sentenced to a fine, except that, there is no other criminal history, and there is a medical history to receive medical treatment due to depression, depression, etc., and the health is good due to spin separation and ebrate disease, etc.

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