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(영문) 수원지방법원 평택지원 2014.03.20 2014고정46

공연음란

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 14:45 on October 21, 2013, the Defendant discovered that E (the age of 23) walked a sidewalk on the front of C University located in Gyeonggi-si B, while driving a D Poter vehicle on the side of the road. On the side of the road, the Defendant stopped the said vehicle on the side of the road and opened the window of the auxiliary stone, and revealed the bucks and bucks, and then, made it public at a place where many unspecified people pass by using one hand and bucks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (on-site visit);

1. Article 235 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act on September 28, 2006, the Defendant was sentenced to suspended sentence for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. on September 28, 2006. On March 26, 2008, the Seoul High Court sentenced a female who was released from prison on June 5, 2012 and was still serving as a repeated offender despite the fact that the Defendant committed the instant crime against the female who was still serving as a repeated offender. Therefore, there is a need for the corresponding punishment since there is no responsibility for such crime.

However, the sentence shall be imposed as ordered, considering the fact that the defendant is found not to repeat the crime at the latest in this court, and the sentencing factors favorable to the defendant, such as family relation of the defendant and economic conditions that are difficult to do so.