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(영문) 부산지방법원 서부지원 2018.05.08 2017고단1840

공연음란

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 20, 2017, the Defendant: (a) around 06:55, around the Busan Northern-gu, Busan Northern-gu C, and (b) around the 3 line platform of the Busan Urban Railroad No. 3, located in front of the Busan Urban Railroad D, the Defendant: (c) committed an obscene act in which, in front of the Plaintiff’s seat, the number of people using the urban railroad was coming to and coming from, on his seat, to the lower part of her seat, and her her mack with both hands.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each investigation report and investigation result report;

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

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. In light of the fact that the defendant had a 14-time criminal record, including five-time criminal records, for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, the defendant should be punished strictly.

However, in consideration of the overall circumstances shown in the arguments of this case, such as the confession of the defendant, the fact that the defendant is living against him, the favorable circumstances such as the defendant's age, sexual conduct, motive for committing the crime, and the circumstances after committing the crime, etc., the punishment shall be determined as per the text.

It is so decided as per Disposition for the above reasons.