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(영문) 의정부지방법원 2018.05.02 2018고단134

공연음란

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

around 14:00 on July 23, 2017, at the vicinity of C High School bus stops located in Yangju-si B, the Defendant found that D (n, 18 years of age) was mixed, found out whether he was married, and exposed to his sexual organ, and openly obscenity was committed by the Defendant in a manner, such as selling the sexual organ to D.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of D Acts and subordinate statutes;

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The fact that the defendant had the same criminal records for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is disadvantageous to the defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant was led to confession, the fact that there is no criminal record exceeding the fine including the previous one, and other conditions of sentencing as shown in the arguments, such as the age, sex, and environment of the defendant.