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(영문) 인천지방법원 2017.06.14 2017고단3031
공연음란
Text

A defendant shall be punished by imprisonment for six 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 March 27, 2017, at around 00:10, the Defendant openly obscenityd with obscenity (20 years old) in the front of the Defendant’s Ctoscar car parked on the Seo-gu Incheon Metropolitan City, Seo-gu apartment B apartment 302 prior to the Defendant’s Ctoscar 302, and was waiting for a female waiting for the said vehicle, while she was waiting for her sexual organ, she considered D that she was lowered from the foregoing vehicle in the future, and her sexual organ was shakingd with her sexual organ.

2. On March 27, 2017, the Defendant appears to have written a written complaint “ March 29, 2017.” (Evidence Record 7 pages, 22 pages, 32 pages, and 53). Since the entry of the date and time of the crime is obvious that it is a clerical error, and it is deemed that it does not affect the Defendant’s exercise of his/her right to defense, the Defendant shall correct it ex officio.

around 00:30, at the vehicle listed in paragraph 1 that was parked on the front of the Seo-gu Incheon Western Construction Site, the Mad F (V, 21 years old) and G (V, 21 years old) in the front of the women waiting for their own sexual flag, and in the front of the foregoing vehicle, the Mad F (V, 21 years old), as well as the mad F and G (V, 21 years old), took a self-defense in the front of the Seo-gu Incheon Construction Site, and continued to commit an act of obscenity by using the aforesaid method at approximately 300 meters away from F and G.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. Attachment: Field map;

1. Application of the Acts and subordinate statutes to photographs of CCTV images;

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

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

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

1. The reason for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the Defendant was punished by a fine or a suspended sentence of imprisonment with prison labor for the same type of crime, and the Defendant again re-offending the instant crime even though he/she had the record of being punished by a suspended sentence of imprisonment. In addition, it is necessary to strictly ask the

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