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(영문) 대전지방법원 홍성지원 2017.08.22 2017고단301

공연음란

Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 10, 2017, from around 19:37 to 19:39 of the same day, the Defendant used the gap in which the victim D (a name, leisure) is calculated at the store located in the store located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and used the gap in which the victim D (a name, leisure) was located in the store located in the store located in the store of “C” household goods located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and made approximately 2 minutes out of the Kapater and sent the sexual organ to the victim, thereby openly obscenitying.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on comprehensive consideration of all the conditions of sentencing as shown in the records, such as the Defendant’s age, sexual conduct, environment, circumstances before and after the instant crime, and the circumstances before and after the instant crime, etc., and the details of the instant crime, as set forth in the order.

On September 26, 2014, the Defendant was notified of the violation of the Punishment of Minor Offenses Act (overfluence), and requested for a trial on March 3, 2017, and had the record of being sentenced to a final judgment of KRW 100,000, which was sentenced to a fine of KRW 100,000 on March 10, 2017. However, the Defendant was working for a female employee, and the said female employee was exposed to sexual humiliation, and the circumstances favorable to that of causing considerable sexual humiliation: (a) the Defendant led to the confession of and against the crime; (b) was exposed to sexual intercourse while the Defendant was exposed to sexual intercourse; and (c) there was no history of punishment exceeding the fine; and (d) there was no history of punishment exceeding the fine.