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(영문) 제주지방법원 2020.10.08 2020고단1775

공연음란

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On June 21, 2020, the Defendant, at around 12:45 on June 21, 2020, was exposed to the sexual organ outside of the proprietor of the restaurant business at the time of the payment in front of the said restaurant business, in the “D” restaurant operated by Jeju-si B (hereinafter referred to as “C”), among other customers, when he was seated out of the table, he laid out of the table, and she was shakened with his sexual organ on his hand, and her sexual organ on his hand.

2. On July 12, 2020, the Defendant 10:30 on July 12, 2020, with obscene performance, obscenity ended out of the table with his sexual organ taken out, and shaking the sexual organ by hand, while being seated out of the table in the above restaurant.

Accordingly, the Defendant made a patent obscenity act twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of relevant photographs, investigative reports - dynamics submitted by the injured party to the Acts and subordinate statutes to the closure photographs of documentary evidence pictures, documentary evidence CDs

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

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;

1. The sentencing conditions indicated in the records, such as the following circumstances and age, environment, motive, means and consequence of the crime, etc. of the crime for the reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, shall be determined as ordered by taking into account

Unfavorable circumstances: The defendant's act of openly obscenity in the way of shaking sexual organ at two restaurants, which is favorable to the fact that the nature of the crime is not weak: the defendant's charge is recognized and reflects the charge, and the defendant has no criminal record of the same kind.