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(영문) 수원지방법원 2016.03.31 2015고단5275

공연음란

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On August 5, 2015, the Defendant entered the entrance of the building at the front corridor of the Defendant’s residence, located in GB01 in the Suwon-si Area CB0 on August 5, 2015.

D Among the above D, the above D was off his clothes until he left the above place, and was exposed to the Defendant’s sexual organ or any other body, and was openly obscene.

2. On August 6, 2015, the Defendant openly exposed the Defendant’s sexual flag and other body at the same place as indicated in paragraph 1 at around 19:00, and made an obscene act by openly exposing the Defendant’s sexual flag and other body in the same manner as described in paragraph 1, among the aforementioned D.

3. On August 12, 2015, the Defendant openly exposed the Defendant’s sexual organ and other body at the same place as indicated in paragraph 1 at around 19:00, and in the same manner as described in paragraph 1, among the aforementioned D, made an obscene act by openly exposing the Defendant’s sexual organ and other body.

4. On August 17, 2015, the Defendant entered the same place as that described in paragraph (1) at around 18:00 and entered the entrance of the building at the same time as that stated in paragraph (1).

From among E, E was off his clothes until he escaped from the above place, and showed his body such as the Defendant’s sexual flag, etc., thereby openly obscenity was committed.

5. On August 13, 2015, the Defendant entered the building at the same place as that described in paragraph (1) around 12:00 and entered the building.

In F, the body of the defendant, such as his sexual organ, was laid off from all clothes, and the defendant showed his body, thereby openly committing obscene acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared D and E;

1. A written statement of F;

1. Application of Acts and subordinate statutes to report on investigation (to listen to the F phone statement by a shot person);

1. Relevant Article 245 of the Criminal Act, the choice of punishment, and the choice of fines for the crime (the point of obscenity in a public performance)

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. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed obscene acts in several times.