공연음란
Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
At around 21:40 on September 29, 2014, the Defendant made a public and obscene act, such as: (a) the Defendant, while drinking alcohol on the street around the D convenience point in Osan City, by drinking alcohol to E, such as “scopia, several scopia,” and continuing to put it in a bulletin, “I am scopia, scopia, and scopia.”
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and G;
1. Application of the respective Acts and subordinate statutes of F, H and I
1. Article 245 of the Criminal Act applicable to the crimes;
1. Selection of a selective fine (in light of the absence of previous convictions);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. The "obscenity act" under Article 245 of the Criminal Procedure Act, which is the basis of the judgment of conviction under Article 334(1) of the Provisional Payment Order, refers to an act contrary to the concept of sexual morality by stimulating ordinary people's sexual desire and impairing normal sexual humiliation. The above crime does not require a subjective sexual purpose, such as sexual humiliation and satisfaction, and it is sufficient that there is a perception of the meaning of the obscenity.
(see Supreme Court Decision 200Do4372, Dec. 22, 2000). In this case, the Defendant did not get off to the degree of exposure to his sexual organ at the time, and it is not clear whether the Defendant took her hand over and actually committed an act of self-defense. However, after reporting to the police by E, the Defendant was in a short period of time until the police went to the scene, and the Defendant was exposed to the degree that her son was exposed to the police.
As such, the Defendant is now E.