beta
(영문) 부산지방법원 2018.11.29 2018고단4579

공연음란

Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 10, 2018, at around 04:15, the Defendant: (a) 04:15, the head of the Si/Gu, Busan, the head of the Si/Gun/Gu taken off all clothes from the cell phone, taken C’s body by cutting off the cell phone; (b) obstructed C’s act of self-defense by taking the sexual organ of C, which taken the clothes into his/her hands; and (c) allowed C to escape from his/her sexual organ.

Accordingly, the Defendant conspired with C to publicly engage in obscene acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to C of a protocol concerning suspect interrogation of the police;

1. Articles 245 and 30 of the Criminal Act concerning the facts constituting the crime;

2. Selection of an alternative fine for punishment;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the details and circumstances of the crime, the criminal records of the defendant, etc.);

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