공연음란
1. The defendant shall be punished by a fine of three million won;
2. If the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant, from April 29, 2018 to April 03:35, 2018, from around 03:5 to May 5, 203:3:00 to around 03:00, from the street of “C” located in Busan coastal Organization B, was reported by the people of D, etc., and unloaded his/her b
The patent made a patent obscene act for about 20 minutes due to knife and scam, etc. by hand.
Summary of Evidence
1. Statement by the defendant in court;
2. Statement made by the police against D;
3. Application of Acts and subordinate statutes reporting police investigations;
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, it is not good that the defendant had committed an obscene act by openly putting his sexual organ in his hand and making a trace of her sexual organ in his hands during a deep night.
D, etc. who have observed a criminal defendant's crime, seems to have suffered considerable mental shock together with sexual humiliations.
However, there are more favorable circumstances such as the fact that the Defendant appears to have committed the instant crime with a large volume of drinking, that it appears that the Defendant committed the instant crime with contingency, that there is no record of criminal punishment, that there is still no record of criminal punishment, that there is room to support university students together with the wife, and that the health is not good due to urology, high blood pressure, etc.
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.