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(영문) 서울중앙지방법원 2020.11.13 2020고정1825

공연음란

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who serves as a chairperson in Jongno-gu “B” located in Jongno-gu.

On March 11, 2020, the Defendant entered the D convenience store in Jongno-gu Seoul Metropolitan Government on March 201, 2020. On March 20, 200, the Defendant sent a fixed earer by classifying the birth flag into the clothes and booms so that it can be seen as a dynamicly boom and the inner clothes.

피고인은 피해자 E(가명, 여)이 보도록 귀두를 노출시킨 채, 2020. 3. 11. 20:09경 편의점 점원인 피해자가 있는 계산대로 이동하여, 계산대 옆에 진열되어 있는 ‘마이쮸’ 1개를 집어 들고, 본인 소유의 현대카드를 이용해 계산하였다.

피고인은 약 2분 뒤인 2020. 3. 11. 20:11경 같은 방식으로 귀두를 노출한 채 편의점으로 들어와 똑같이 ‘마이쮸’를 계산하고, ‘마이쮸’를 계산대에 그대로 둔 채 편의점 밖으로 나갔고, 피고인은 약 1분 뒤인 2020. 3. 11. 20:12경 같은 방식으로 귀두를 노출한 채다시 편의점으로 들어와, 계산대에 두고 간 ‘마이쮸’를 들고 나갔다.

Accordingly, the Defendant made a patently obscene act against the victim for his sexual satisfaction three times in total.

Summary of Evidence

1. Statement of the police statement of the defendant E in court;

1. Application of Acts and subordinate statutes to report internal history of the F Statement (CCTV image analysis);

1. Relevant Articles of the Criminal Act and Articles 245 and 245 of the Criminal Act, all of which shall be selected as a fine;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the sentencing of the instant crime and the circumstances leading up to the instant crime, is not that of the crime.

The defendant was unable to receive suspicion from the victim.

However, there is no record of sexual assault crime that the defendant led to his/her crime and reflects his/her mistake, and there is no record of sexual assault crime.