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(영문) 수원지방법원 2017.01.12 2016고단6054

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

On August 31, 2016, the Defendant 22:18, the Defendant boarded the D church located in Heung-gu, Young-gu, Young-gu, Singu, for passengers, and opened the victim F (the name, leisure, 19 years old) with the lower seat seated by the lower seat of the front seat of the passenger E in front of the Gyeongnam passenger E which had passed near the D church located in Heung-gu, Young-gu, Sin-si, and laid down the Defendant’s sexual organ by opening the back of the Defendant’s gender.

The act of self-defense by hand was openly obscene by using a booming method.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F;

1. Relevant Article 245 of the Criminal Act concerning facts constituting an offense, the choice of punishment, 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. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act is not good in light of the form and content of the instant crime, the punishment as ordered is determined by taking into account the favorable circumstances such as the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc., and taking into account the following factors: (a) the Defendant’s fault reflects the Defendant’s mistake; and (b) the Defendant has no criminal record other than the punishment imposed three times by the fine of this type; and (c) the punishment as ordered by taking into account the following factors: