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(영문) 수원지방법원 평택지원 2017.06.28 2016고정523

공연음란

Text

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

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

Reasons

Punishment of the crime

On May 24, 2016, from around 15:10 on the same day to around 15:20 on the same day, the Defendant: (a) discovered the victim D (one, nine years of age) who passed the above landing, and went to the victim while she was able to get down her to the lower end and was exposed to her sexual organ from the stairs near Pyeongtaek-si apartment.

Accordingly, the Defendant committed an obscene act in a state where an unspecified or many unspecified persons can be dismissed.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A report on internal investigation:

1. Each photograph (the defendant and the defense counsel)

Even if it was caused by normal sexual humiliation from the perspective of the average person;

Although each of the above evidence argues to the effect that the defendant was not a obscene act that can be assessed, it is reasonable to view that the defendant's age was an obscene act that goes against the concept of sexual humiliation that harms ordinary people's normal sense of sexual shame, and thus, the above argument by the defendant and the defense counsel is not accepted).

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

1. Selection of an alternative fine for punishment;

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

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