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(영문) 의정부지방법원 고양지원 2014.09.05 2014고정295

공연음란

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 26, 2013, around 13:35, the Defendant stopped a C EFSna car owned by the Defendant in front of the bus stops at the Gindo-dong, Mangdong-gu, Mangsan-si, 808, and could be seen by many people waiting for buses, such as D, while the Defendant laid down a car on the car driver’s seat and laid down a sexual flag with a string, and openly obscene act.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness D and E's respective legal statements;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning criminal facts and the choice of fines;

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

1. To the extent that an accused who committed a sexual crime of judgment on whether to impose an order to complete a program under Article 334(1) of the Criminal Procedure Act is convicted of a fine, order to complete a program should, in principle, be imposed on the accused, but the summary order of this case did not impose an order to complete a program, etc. on the accused, and only the accused requested a formal trial, the order to complete a program is not imposed on the accused pursuant to the principle of prohibition against disadvantageous change under Article 457-2 of the Criminal Procedure Act (Supreme Court Decision 2012Do8736 Decided September 27, 2012).