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(영문) 부산지방법원 서부지원 2018.08.29 2017고단1830

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

From about 30 years ago, the defendant is a person who lives in a old house in Busan Station or Gupool Station, or in a single exhibition hall.

On August 9, 2017, at around 15:00, the Defendant laid down the door door C at the right-hand edge of the C regularly door, Busan, to the extent that he shows a sexual flag, and made a public obscenity act before being seen by the victim D and many unspecified persons, who met for about 5-10 seconds on the right-hand hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (public performance on the place of crime);

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In full view of the Defendant’s age, occupation, family environment, social relationship, previous conviction and risk of recidivism, profits expected by the instant employment restriction order, the effect of prevention, and disadvantages and side effects resulting therefrom, etc., there are special circumstances in which the employment of Defendant juvenile-related institutions, etc. need not be restricted pursuant to the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against Sexual Abuse;

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