beta
(영문) 서울서부지방법원 2020.10.28 2020고정945

공연음란

Text

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.

Reasons

Punishment of the crime

On May 3, 2020, the Defendant: (a) around 17:34, on the road in front of Eunpyeong-gu Seoul, Seoul (n, 24 years of age); (b) laid down a breath of brea while under the influence of alcohol; and (c) performed self-defense by cutting the breath.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement of the police statement regarding C;

1. A C statement;

1. A report on fire-proof accidents (verification of CCTV near the site in which such accidents occurred);

1. A photograph of the CCTV in the vicinity of the generated area;

1. Application of Acts and subordinate statutes to a report on investigation (victim C telephone call);

1. Article 245 of the Criminal Act applicable to the crimes;

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 main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

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