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(영문) 대구지방법원 2018.06.15 2018고단1908

공연음란등

Text

Defendant

A shall be punished by a fine of KRW 4 million, and by a fine of KRW 2 million.

The above fine shall not be paid by the Defendants.

Reasons

Punishment of the crime

1. The Defendant A’s obscene act, such as obscenity off all clothes and revealing sexual organ, at the main point of “D” located in Daegu Suwon-gu Suwon-gu, on March 5, 2018, at around 02:10, Defendant A engaged in an obscene act, such as putting off his/her clothes and revealing sexual organ, among which the business owners and multiple customers can see.

2. Violation of the Punishment of Violences, etc. Act (joint injury) / [the Defendants] Victim E (39 years old) and its conduct were resisted by Defendant A’s obscene act at the same time and place as above.

Defendant

B calls the face of the victim several times in drinking, and Defendant A was shaking the victim's neck, flab, etc. several times.

As a result, the Defendants jointly committed the damage to the character of head part requiring treatment for about 14 days by the victim, and the straw, straw, etc.

Summary of Evidence

1. Defendants’ legal statement

1. The suspect interrogation protocol for the Defendants and E

1. A written statement;

1. Application of CCTV video-related Acts and subordinate statutes (attached No. 9 of the list of evidence);

1. Defendant A of the pertinent Article of the Criminal Act concerning criminal facts: Article 245 of the Criminal Act: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act

1. Selection of each alternative fine for punishment;

1. A person who is subject to aggravated concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the maximum amount of two crimes);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Ordering to complete the program: Defendant A’s reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is only one time prior to ten years, and Defendant B does not have any previous record; Defendant A’s obscene act is merely due to the fact that Defendant A’s obscenity lost her ability to control, but does not seem to be a dynamic tendency; the victim’s injury is significant.

The fine shall be imposed in an amount equivalent to the reasonable amount, taking into account the difficulties in viewing.