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(영문) 대구지방법원 2016.07.19 2016고단2320

공연음란

Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

On February 25, 2016, the Defendant made a patently obscene act by sending a report to the victim D (V, 36 years old) that he or she passed, and exposing sexual organ, on the alley of the head of C elementary school located in Daegu Suwon-gu B at around 20:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 245 of the Criminal Act concerning the facts constituting the crime;

1. Selection of a fine for selective punishment (referring to the preparation of such a fine, such as reflectivity, a fine not exceeding one time for any crime committed against this species, etc.);

1. Articles 70 and 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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.