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(영문) 인천지방법원 2017.11.30 2017고단7125

공연음란등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around July 2, 2017, the Defendant of a public performance obscenity: (a) around 20:45 on July 2, 2017, the Defendant openly committed an obscene act, such as obscising his sexual organ in the street with a house in which many and unspecified persons reside in the south-gu Incheon Metropolitan City A, Dong-gu, Seoul, without having to place both his or her name and

2. At the same time as paragraph 1, the Defendant infringed upon a residence without any reason, opened a door door of the victim’s residence and entered and intrudes into the door of the victim’s residence without locking the entrance door at the victim’s No. 305. The summary of the evidence was found.

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Relevant legal provisions concerning criminal facts, Article 245 of the Criminal Act of the choice of punishment (the point of obscenity in a public performance), Article 319 (1) of the Criminal Act (the point of intrusion upon residence), and the choice of fines (the first crime, although not agreed with the victim, is the first crime, and the second crime is against his/her mistake, etc.);

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

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

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

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