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(영문) 창원지방법원 2017.07.20 2016고단4323
공연음란등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 피고인은 2016. 10. 20. 00:05 경 대구 북구 C에 있는 D 커피숍에 남성 성기 모형의 보 형 물을 성기 부위에 착용하고 팬티 스타킹, 망사 티 팬티 및 가죽 핫팬츠만 입은 복장으로 들어가 음료를 주문하고 화장실을 이용하는 등 5분 가량 커피숍 내부를 돌아다녀 공연히 음란한 행위를 하였다.

2. On October 20, 2016, around 04:30, the Defendant: (a) entered the F coffee shop in the Gyeong-si, Chungcheongnam-si; (b) ordered beverages; and (c) used toilets; and (d) returned to five-minutes and coffees; and (c) publicly obscene acts were conducted by the Defendant.

3. On October 20, 2016, the Defendant, at around 06:00, carried in the H coffee shop located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, G with the same uniforms as paragraph (1), ordered beverages, and used toilets, etc., and carried out approximately five-minutes and coffees openly obscene acts.

4. On October 20, 2016, the Defendant: (a) around 22:45, around 22:45, entered the coffee shop with the same uniforms as Paragraph (1) at the Jinasi-si-si I 1st floor; (b) ordered beverages; and (c) used toilets, etc., made a publicly obscene act for about 3 minutes of coffee.

5. On October 20, 2016, the Defendant, at around 23:00, carried a set of clothes at the L coffee shop located in Yong-si, Gu, Si, as set forth in paragraph 1, and ordered beverages, and used toilets, etc., made a patently obscene act for about three minutes of coffee.

6. On October 21, 2016, the Defendant, at around 03:00, entered the New coffee shop located in Kimcheon-si, Kimcheon-si with the same uniforms as Paragraph 1, and ordered beverages, and used toilets, etc., made a publicly obscene act for about 10 minutes of coffee.

Summary of Evidence

Application of Acts and subordinate statutes on CCTV images and photographs seized by the defendant's legal statementO,

1. Relevant Article of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting a crime. Article 245 (Selection of Imprisonment);

2. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2), and Article 50 of the Criminal Act for the increase of concurrent crimes.

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