beta
(영문) 의정부지방법원 2016.04.22 2015고단4702

공연음란

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant reported the photograph that people return to a place open to the public via the Internet, and the Defendant also thought that he returned to the place open to the public.

1. On November 14, 2015, the Defendant returned to the Republic of Korea after having her gender taken from the front corridor of 101, 201, Dong 101, Dong 101, Dong 20, the Defendant, who passed by many people, around 11:42.

2. On November 14, 2015, at around 13:10, the Defendant brought the above apartment at the front corridor of the elevator with the 101-20th floor of the above apartment building and carried it back to the body.

3. On November 2015, the Defendant, at the first corridor of the emergency stairs located in the above apartment building 101, had him/her returned to the body.

Accordingly, the Defendant made a patently obscene act three times as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on internal investigation (obscenity), internal investigation report (in-house investigation report), and internal investigation report (CCTV analysis and the selection of suspects);

1. Application of Acts and subordinate statutes to data on resident registration abstract, each photographic and CCTV analysis;

1. Article 245 of the Criminal Act and the choice of fines for the crime; Article 245 of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Ordering the Defendant’s act is that the apartment residents who observed the instant crime appear to have caused sexual humiliation, etc. However, the Defendant’s criminal liability may be mitigated in light of the following: (a) the Defendant confessions and reflects all the instant crimes; (b) the Defendant has no particular criminal history other than those subject to punishment once by a fine of about 10 years; and (c) the Defendant does not repeat again; and (d) the Defendant’s age, sex behavior; (b) details and motive leading to the instant crime; and (c) circumstances before and after the instant crime.