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(영문) 인천지방법원 2018.03.14 2017고단8387

공연음란

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On September 21, 2017, the Defendant, at around 22:07, excluded from the victim C (V, 31 years of age) and one other from the window in Gyeyang-gu Incheon at around 21, 2017, while viewing the victim C (V, 31 years of age) and one another from the window in Incheon Gyeyang-gu.

By doing so, the act was publicly obscene.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on the Punishment of Sexual Crimes Committed to Order and Protection of Victims Thereof;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act has a record of having been punished for the same offense, it shall be determined as ordered by taking into account the following circumstances: (a) the motive, background, means and result of the instant crime; (b) the frequency of the instant crime; (c) the number of times of the crime; (d) the Defendant’s age; (d) the Defendant’s sexual conduct; (e) the circumstances after the crime; and (e) the circumstances after the crime.