beta
(영문) 서울동부지방법원 2016.10.28 2016고단2501

공연음란

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. At around 07:40 on July 25, 2016, the Defendant committed an obscene act openly by doing his/her own act in a state where many unspecified people can see it, such as holding a driver’s seat of FM3 car in a parked FM3 car, leaving panty, leaving panty, and leaving his/her sexual organ in hand.

2. On July 25, 2016, at around 08:00, the Defendant publicly imprisoned “H” restaurant located in Seongdong-gu Seoul, Seongdong-gu, Seoul, by doing self-defense in a state where an unspecified number of people can see, such as holding a driver’s seat of the said vehicle, leaving her pande and panty, leaving her sexual organ in hand, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. Application of Acts and subordinate statutes to photographs, such as vehicles and K text messages;

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act regarding criminal facts, the choice of a fine, and the selection of a fine (the fact that the defendant committed the crime in this case even though he committed the crime in this case, even though he committed the crime in this case, he did not repeat the crime in this case through mental and medical treatment while he recognized the crime in depth, the defendant's act of self-defense after closing the window of the vehicle falls relatively short of the performance level, and the above one time of fine does not have any criminal power except for the previous crimes)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. 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;