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(영문) 서울북부지방법원 2015.11.12 2015고단3036

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

On July 16, 2015, at around 21:20, the Defendant openly committed an obscene act by unloading his/her own will and self-defashing his/her sexual organ before C (Y, 38 years old) and D (36 years old, female, etc.) where people in front of the Seoul Jung-gu were frequently traveling along the alleyway.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of D and C

1. Relevant legal provisions concerning facts constituting an offense and Article 245 of the Criminal Act (the selection of fines) [the punishment shall be imposed, considering all kinds of conditions for sentencing, including the age, character and conduct, intelligence and environment of the accused, motive, means and result of the offense, and the circumstances after the crime, etc., in the absence of any same criminal records (two times before the year 2006, a fine for negligence has been imposed];

1. Articles 70 (1) and 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;

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