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(영문) 인천지방법원 2015.05.20 2015고단1093

공연음란

Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

around 15:05 on March 2, 2015, the Defendant openly committed an obscene act by opening a supporter and taking a sexual organ, and by self-defashing the sexual organ under his hand, even though many unspecified people have passed at the front of the D office located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu.

around 09:46 on January 7, 2015, the Defendant openly committed an obscene act, such as opening a supporter and taking the Defendant’s sexual organ back, and exposing the Defendant’s sexual organ by hand, even though there were many and unspecified persons in front of the said D’s business establishment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning criminal facts and 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is bad, but it is deemed that the Defendant committed the instant crime two times at the same place. However, considering the fact that the Defendant acknowledges and reflects the first offender, the Defendant appears to have affected the Defendant’s alcohol addiction tax, and that the Defendant is extremely difficult, a fine is imposed as ordered.