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(영문) 수원지방법원 성남지원 2016.12.09 2016고단2834

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

On June 11, 2016, at around 03:20, the Defendant openly obscene act by opening a stringer and cutting a stringer on the 1st floor of the D Commercial Building in Seongbuk-gu, Seongbuk-gu, Sungnam-si, by reporting the E (n.e., 24 years old), leaving a stringer, leaving a stringer, and leaving a stringer on the 1st floor of the above commercial building, and 'F' at the 1st floor of the above commercial building.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article of the Criminal Act and Article 245 of the Criminal Act concerning the crime, the choice of a fine (i.e., confession and reflection, absence of records of the same crime, and agreed with the victim), and other relevant factors;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Part concerning the dismissal of prosecution under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. On June 11, 2016, at around 03:35, the Defendant assaulted the victim by drinking the victim’s face one time in the course of asking the situation of the victim’s driver’s drive away and resisting the victim while leaving the same form as the facts constituting the crime in the judgment.

2. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the statement of non-written application for punishment prepared by the victim, it can be acknowledged that the victim expressed his/her intent not to punish the defendant after the prosecution of this case was instituted. Thus, this part of the indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.