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(영문) 서울남부지방법원 2013.11.22 2013고정1017

공연음란

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 21:00 on August 5, 2012, the Defendant openly 15 minutes of obscene acts, such as releasing clothes and exposing a brush and sound, even though many and unspecified persons, such as train passengers, are passing through the train, on the grounds that the Defendant was fluent and heated in the train 1 line train of Guro-gu Seoul Metropolitan Government 586 Guro basin 586, Guro-gu, Seoul, and that he was heated by the public interest service personnel B, and led out of the train.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to on-site reports;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order include the types of obscene acts committed by the Defendant, and the background, means, methods, and results of the instant crime, as indicated in the order.

In principle, insofar as a court declares the conviction of a fine against a defendant who committed a sexual crime regarding the imposition of an order to complete a program, it shall impose an order to complete a program, in principle (Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes), but the summary order of the instant case did not impose an order to complete a program, etc. on the defendant, and only the defendant applied for formal trial, so the order to complete a program is not imposed pursuant to the principle prohibiting disadvantageous changes under Article 457-2 of the Criminal Procedure Act (see Supreme Court Decision 2012Do8736, Sept. 27, 201