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(영문) 부산지방법원 2018.09.28 2017고단6212

공연음란

Text

1. The defendant shall be punished by a fine of two million won;

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

Reasons

Punishment of the crime

The Defendant, at around 22:40 on July 11, 2017, sees D and panty panty in front of the main points of “C” located in the Dong-gu Busan Metropolitan City, and spanty and panty spanty spanty spanty.

Egrevating.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. Application of the Police Investigation Report Act

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Reasons for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

1. Scope of applicable sentences under law: Fines of 50,000 to 5 million won; and

2. The sentencing criteria are not set for the crimes of this case, for which the sentencing criteria are not set.

In this case, the defendant's sexual organ was openly obscene in the street in the downtown during the night, and the crime and the crime are not good.

A witness of a criminal defendant's crime seems to have suffered sexual humiliation and mental shock together with his/her sexual humiliation.

However, there are also favorable circumstances such as the fact that the Defendant appears to have committed the instant crime under the influence of drinking, the fact that the Defendant recognized his/her crime and repented his/her mistake, and there is no record of punishment for sexual crimes.

The above points and other circumstances, such as the defendant's age, sex, occupation, environment, family relationship, motive, method, and result of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.