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(영문) 서울북부지방법원 2016.01.28 2015고단4033

공연음란

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On July 31, 2015, the Defendant obscenity was seated on the roads front of the Southern Village Park in Seoul, Jung-gu, 110-1 around July 31, 2015, on which around 06:10 around July 31, 2015, and on which he/she was seated on a bicycle.

B (n, 18 years of age, etc.) Findings, Dazn kn's bicycle riding in front of kn'sss, kn't kn't kn't

The patent made a patent obscene act in a manner that comes in his hand.

2. On September 14, 2015, the Defendant publicly obscenity committed an obscene act in a way that: (a) around September 14, 2015, around 02:40, on the street front of the Seoul Jung-gu C lending, by finding out the B described in paragraph 1 while getting on and off a bicycle; (b) cutting out her sexual organ; and (c) going ahead of a bicycle again.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the B’s written laws and regulations;

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting a crime;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (in particular, the amount of fine shall be determined in consideration of the positive circumstances, such as the fact that a person is recognized to commit a crime as a primary offender, and the fact that he/she is divided);

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