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(영문) 수원지방법원 여주지원 2018.12.13 2018고합61
공연음란등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Public performance and obscenity;

A. On May 31, 2018, the Defendant: (a) around May 31, 2018, around 12:50, around the 12:50th of May 31, 2018, the Defendant: (b) reported the appearance of the said elementary school student was playing in the playground; and (c) carried out the act of openly obscene to the said elementary school student by showing approximately 10 seconds of the Defendant’s sexual organ.

B. On June 11, 2018, around 12:45, the Defendant committed a publicly obscene act by openly showing that adult dynamic images, which had been seen on the new wall on the alleyway behind the above D elementary school, she thought, her sexual desire, was off, and her body was off.

2. Around June 5, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a person under the age of 13) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a minor under the age of 13), the Defendant intruded the said elementary school managed by E, the principal of the school, in a manner more than the school’s sexual desire by reporting the appearance he/she is playing in the playgrounds.

The defendant was playing in the playground.

In the second grade of elementary school, the victim F (tentative name, 9 years of age) was forced to enter the above, and both shoulders and bucks of the victim F were added.

And the defendant continued to be next to the defendant

In the third year of elementary school, the victim G (one's name, half's age, nine) was forced to both arms after the second year of elementary school, and the chest and the part were cut down.

Accordingly, the defendant invadedd a structure managed by others, forced victims to commit indecent acts, and forced victims under the age of 13 to commit indecent acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Investigative reports, reports on the occurrence of accidents (any indecent act committed by a minor under 13 years of age), internal investigation reports, and reports on internal investigation (D elementary CCTV confirmation);

1. A protocol of seizure and a list of seizure;

1. Copy of each report filed against school violence;

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

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