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(영문) 창원지방법원 2017.06.29 2017고단1163

공연음란

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 15:45 on April 8, 2017, the Defendant: (a) around C in Kimhae-si B, and (b) around 15:45, the Defendant openly committed an obscene act by having the victim D (at least 11 years of age) who passed through the bed while she was engaged in the above-mentioned conduct, such as her knee and panty knee and her kneeing, and her ske, etc., while she was engaged in the above conduct; and (c) the Defendant continued to engage in such conduct.

Summary of Evidence

Application of the police statement law to the defendant's legal statement D

1. Article 245 of the Criminal Act concerning the facts constituting the crime;

2. Selection of an alternative fine for punishment (the parent of the victim does not want the punishment of the defendant, and the defendant has no record of criminal punishment, confession, and reflectiveness, etc.);

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

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