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(영문) 인천지방법원 2016.05.18 2016고단1766

공연음란

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On March 24, 2016, around 16:20, the Defendant: (a) discovered D (n, 15 years of age) and E (n, 14 years of age) that was a student of the above school, who was taking lessons around C Women’s Middle School in Nam-gu Incheon, Nam-gu, Incheon; (b) discovered the students of the above school; (c) laid down a brupter; and (d) disclosed their sexual organ to the front of the F elementary school located in B.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D and E;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing criteria are not set for the crimes indicated in the judgment;

2. A sentence of fine like the order shall be imposed, taking into account the following facts: (a) the Defendant’s use of publicly obscene acts on the front side of the school where female students are exposed to her, but the Defendant’s appearance to commit a crime is not serious; (b) the Defendant recognizes and reflects a crime; and (c) the Defendant has no criminal history.