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(영문) 의정부지방법원 고양지원 2016.11.30 2016고단2804

공연음란등

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

1. On June 7, 2016, from around 19:15 to 19:20, the Defendant engaged in an obscene act by continuously exposing urine from “C” located in Pakistan B to buckbucks, and continuously exposing her sexual organ to many and unspecified persons who have passed after the bucking down her sexual organ to bucks.

2. The Defendant violated the Punishment of Minor Offenses Act without permission from a park where many people gather or frequent, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of departments related to reporting 112 cases, and application of Acts and subordinate statutes of each investigation report (Evidence 6 and 7);

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, Article 245 of the Criminal Act, Article 3 (1) 12 of the Punishment of Minor Offenses Act and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the maximum amount of each crime shall be the maximum amount];

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.