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(영문) 부산지방법원 2019.09.06 2019고단3078

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

On April 21, 2019, around 00:30 on April 21, 2019, the Defendant: (a) sent his clothes and clothes in front of the viewing of unspecified or large number of customers, within the Busan East-gu B and the 1st underground floor C.

Accordingly, the Defendant openly committed obscene acts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Relevant Article 245 of the Criminal Act concerning the facts constituting an offense and Article 245 of the Selection of Punishment;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities (the fact that the defendant has no record of punishment for a sexual crime and thus, it is difficult to readily conclude that he/she is in danger of sexual assault and recidivism, and the defendant should not be restricted from employment, such as children and juveniles-related institutions, in full view of the defendant's B or his/her social relationship, the method and consequence of the crime,