공연음란
The sentence against the accused shall be determined by a fine of KRW 1,500,000.
When the defendant does not pay a fine, 100.
Punishment of the crime
On June 8, 2017, at around 13:00, the Defendant was exposed to sexual intercourses on the street for a considerable period of time, such as her flab by opening his flaber in front of Dobong-gu Seoul, Seoul, and cutting off his flab, and walking along the road.
Accordingly, the Defendant publicly committed an obscene act.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and E;
1. A criminal investigation report (Attachment to on-site CCTV image data), and photographs of visual data recorded on-site CCTV;
1. The defendant and his defense counsel asserted to the effect that it is difficult to regard it as an obscene act that may cause a sense of sexual humiliation, since the defendant disclosed his sexual organ under the influence of alcohol at the time and showed her boom.
However, according to CCTV images, it can be recognized that the defendant did not take action to see the defense in the street at the time, but did not take action to see the defense in the street at that time, but had been on a street for a considerable period of time until the police restrains the police, as well as attached it by exposing a sexual organ and attaching it to the victim D, etc.
The defendant's act is an act that causes a sense of sexual humiliation or aversion in light of social norms and goes against good sexual morality, and can be evaluated as an obscene act as defined in the crime of obscenity in public performance.
Application of Statutes
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 reason why the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order was in force;
D, fluent mental impulses caused by fluort, etc.
shall not be deemed to exist.
However, it seems that the defendant is against the part of the drunken sexual organ, and there is no history of criminal punishment by the defendant for sexual crimes.
The age, occupation, and sex of the defendant.