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(영문) 대구지방법원 김천지원 2015.10.14 2015고단839

공연음란

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

1. On June 21, 2015, the Defendant committed the crime of June 21, 2015, around 09:00, on the road of 309 Jeju apartment-ro 115, the 309-ro scam-ro scam-ro, the Defendant parked his car at the 309-ro scam-ro scam-ro 115, and then parked his car at the scam-ro scam-ro, and panty scam, and made a patent obscene act for about 10 minutes, by means of the following scam-rosing.

2. The Defendant committed the crime of June 27, 2015, at around 09:0 on June 27, 2015, as set out in paragraph 1 at a place, such as Paragraph 1, at the same time as that of paragraph 1, carried his sexual organ for about 10 minutes after he was seated on the top of a passenger car operation, and openly obscenity was committed by using the following strings.

3. The Defendant committed the crime of June 30, 2015, at around 09:30 on June 30, 2015, and at the same place as Paragraph 1, at around 09:30 on June 30, 2015, the Defendant laid his sexual organ on the top of a passenger car operation and laid down for about 15 minutes, and publicly obscenity was openly obscene by means of the following trace.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Reports on internal investigation (including attachment of photographs of the site and vehicles suspected of being exposed (including attachment of five photographs));

1. Application of Acts and subordinate statutes on voluntary reports of conduct (public performance and obscenity);

1. Relevant provisions of the Criminal Act and Article 245 of the Criminal Act (Selection of Fine: The fact that the defendant acknowledges all the crimes in this case and repents his mistake, that the defendant has no record of criminal punishment until now, and that the defendant is the first offender who has no record of criminal punishment, other factors such as the age, character and conduct, environment, family relationship, circumstances after the crime, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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