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(영문) 서울남부지방법원 2019.06.04 2018고단6173

공연음란

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 4, 2018, at around 19:19, the Defendant openly committed an obscene act, such as exclusion of all clothes from, and one minute of, about the body of, about D(63), E(51) in front of Yeongdeungpo-gu Seoul Metropolitan Government, while drinking at C (63 years of age), and treating many unspecified persons.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to written statements;

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act (Calculation of Fine in consideration of the choice of fine, past penalty records due to the drinking of the accused, and degree of obscene acts);

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

1. The crime of determining whether a person is subject to the registration of personal information, disclosure order, or notification order under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is an offense provided for in Article 2(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and does not constitute a sex offense subject to the registration of personal information under Article 42(1) of the same Act, and does not constitute a sex offense subject to the disclosure order and notification order provided for in Articles 47 and 49

In full view of the fact that an order issued to a defendant exempted from an employment restriction order can have an effect to prevent the second offense even if the order was issued, and other circumstances such as the defendant's age, family environment, character and conduct, risk of recidivism, details and motive of the crime, severity of the crime, the method and severity of the crime, the prevention of sex crimes expected by the employment restriction order, the degree of disadvantage of the defendant's entry, and anticipated side effects, it is determined that there are special circumstances where the defendant should not issue an employment restriction order to the defendant