공연음란
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On July 15, 2017, around 15:40 on July 15, 2017, the Defendant viewed D (n, 77 years of age) at the front of Gangdong-gu Seoul Metropolitan Government C, and made a publicly obscene act by exposing a sexual organ.
Summary of Evidence
1. Each legal statement of witness E, D, and F;
1. Written statements of D;
1. Investigation report (No. 8 once a year);
1. A statement of 112 Reporting Case Processing (except for the part on the summary of the instant case)
1. On-site photographs and clothes photographs;
1. Photographs, CD (the defendant and his defense counsel argued that there was no obscenity act as stated in the facts constituting the crime in the judgment of the defendant, but as long as the date and time, place, etc. recorded in the crime in the judgment of the defendant seems to have an inconvenience to the left side of the criminal, the male was able to look at himself at the crime in this case, and make D's investigation agency and this court's statements about the offender's appearance at the time of the crime in this case, and immediately after the case, D's statements to the police officer sent to him, and inform him of the fact that he was sent to him. At the time, F's statements at this court to the effect that the male who entered the above house and asked him to find the defendant and voluntarily accompany the defendant at the time of the occurrence of the crime in this case, the defendant's statements at this court at this time, and the CCTV at the near the place where the crime in this case was committed in order to view the facts of the crime in this case, it can be sufficiently recognized that the defendant's act was consistent with D's judgment.
Therefore, we cannot accept the above argument of the defendant and his defense counsel.
Application of Statutes
1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;
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. Exemption from the order of restriction on employment of Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment.