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(영문) 청주지방법원 2019.08.13 2019고단1097

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

1. At around 08:30 on November 9, 2018, the Defendant: (a) committed obscenity with a victim C (one-year-old, female, and 11) who was going through a school from a lodging establishment adjacent to the accommodation establishment in Jincheon-gun Bel; and (b) opened his/her flab and talked with a sexual flag. (c) On November 30, 2018, the Defendant: (a) completed a school at the same place as the above “A” and completed the school at around 15:30 on November 30, 2018; and (b) more than before the victim D (one-year-old, female, 11), E (one-year-old, female, and 11-cc) and C (one-year-old) opened his/her flab and flabing his/her flab and flading his/her sexual organ; and (c) committed obscenity.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement to C, D, and E;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

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, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); 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 has a risk of recidivism of sexual assault or recidivism; the defendant's bareboat relation or social relationship, method and consequence of the crime, risk of recidivism, etc. is comprehensively taken into account, there is a special circumstance that the