beta
(영문) 대구지방법원 2017.06.20 2017고단1993

공연음란

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is an industrial designer.

1. On March 22, 2017, around 10:30, the Defendant engaged in obscene acts, such as opening a spread and shaking his sexual flag, in front of the reporter in Daegu-gu B, Daegu-gu, the Defendant: (a) on the street, opened one reporter, who was seated in the driver’s seat on his vehicle C, and opened one other; and (b) opened one string of his sexual organ.

2. On March 23, 2017, at around 12:00, the Defendant parked his car C at the same place as above, and up to one reporter, who sited in a driver’s seat and embarked, and embling his gender.

In other words, obscenity, such as miscellaneous and shaking, was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 245 of the Criminal Act and the choice of fines for the crime; Article 245 of the Criminal Act and the choice of fines for the crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The crime committed repeatedly twice the grounds for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order: Provided, That the punishment shall be determined as ordered by taking into account the following circumstances: (a) the Defendant’s confession of each of the instant crimes and not re-offending; (b) the Defendant’s age, sexual conduct; (c) the commission and motive leading to the instant crime; and (d) the circumstances before and after the instant crime committed; and (c) the sentencing conditions specified in the records and arguments, including the circumstances before and after the instant crime