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(영문) 서울중앙지방법원 2018.02.22 2017고단9151
공연음란
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 23, 2017, the Defendant: (a) around 18:50 on October 23, 2017, around 18:50, the Defendant considered the F’s book by seating a large number of people in Seocho-gu Seoul Metropolitan Government D on the side of the F, and (b) committed an obscene act by openly taking the sexual flag into consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to criminal facts taken by victims;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes are as follows: (a) on July 8, 2013, the Defendant was issued a summary order of KRW 2 million for the crime of obscene performance at the Cheongju District Court; and (b) on August 27, 2014, the Daejeon District Court sentenced the Defendant to a suspended sentence of KRW 6 months for the crime of obscene performance.

The defendant does not commit a second offense after recognizing the facts charged.

It seems that the victim who observed the defendant's crime was frightened.

In addition, the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, degree of obscene act, etc. shall be determined by comprehensively taking into account the various sentencing conditions shown in the argument of the case.

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