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(영문) 수원지방법원 성남지원 2018.08.24 2018고단1304
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2018, the Defendant, in front of the aftermath of the C Elementary School, laid the window on the driver’s seat of D SM3 passenger cars owned by the Defendant, and then cut off E (SM, 42 years old) by cutting it, and then shaking it by hand, and shaking the sexual organ by hand.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A list of 112 Incident reports and handling;

1. Application of the photographic Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The fact that the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is relatively the same kind of criminal records but re-offending in the same way is disadvantageous to the defendant.

However, in consideration of the fact that the defendant has shown the attitude of confessioning and opposing the crime of this case, there is no record of punishment exceeding the fine for the same kind of crime, and other circumstances under Article 51 of the Criminal Act, etc., the punishment as the order shall be determined.

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