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(영문) 청주지방법원 2018.11.29 2018고단1685

공연음란

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On June 15, 2018, the Defendant: (a) around 12:10, Cheongju-si, Sinju-si, and (b) Dok-gu, D post office, adjacent to the public telephone room, used the road on which many unspecified people travel, and (c) was exposed to her sexual organ by exposing her sexual organ and clothes upon the passage of her woman.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (with respect to telephone communications between the reporter and the other party);

1. The 112 reported case settlement table, respectively;

1. Application of Acts and subordinate statutes, such as field photographs and CCTV images;

1. Article 245 of the Criminal Act and the selection of fines concerning the facts constituting the crime;

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 proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, and social ties of the defendant, records of the crime, details and motive of the crime, method of committing the crime, result of the crime, risk of recidivism, etc. of the defendant exempted from the employment restriction order shall not be subject to employment restriction in light of special circumstances;

[Determination]

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment include the fact that the defendant has no criminal records of the same kind, the fact that the defendant recognized the errors and reflects the sentencing conditions under Article 51 of the Criminal Act, and the sentencing conditions under Article 51 of the Criminal Act are determined as ordered.