beta
(영문) 전주지방법원 군산지원 2019.01.18 2018고단1096

공연음란

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

On July 28, 2018, around 22:34, 2018, the Defendant discovered the victim D (e.g., 21 years of age) who was booming walk walk in C C c c c walk, in the following areas: (a) discovered the victim, seeing the victim, and, (b) laid down his bals and clothes to balpbbbbs, and then was skeed by hand.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on four copies of the screen after the closure;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. In light of the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of being punished for a sex offense; the defendant has no record of being punished for a sex offense; the background and method of the crime in this case; the relationship with the victim; the risk of recidivism by a sexual assault treatment program; the degree and anticipated side effects of the defendant's disadvantage due to the employment restriction order; and the prevention effect of a sexual crime that can be achieved therefrom, etc., the defendant's reasons for sentencing are recognized and against the defendant's crime; the defendant's mental and physical behavior, occupation, environment, criminal records and the risk of recidivism; and the degree of disadvantage and anticipated side effects of the defendant's disadvantage due to the employment restriction order; the defendant has committed the crime; the defendant is found to have committed the crime in this case; the defendant has been ordered to suspend indictment on condition of leading the same crime six months prior to the occurrence of the crime in this case; and the defendant has reached the crime in this case following the road.