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(영문) 제주지방법원 2014.11.27 2014고단1386

공연음란

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 15:00 on July 28, 2014, the Defendant: (a) reported that three persons, such as the victim C (at the age of 18), D (at the age of 16), play in the playground; (b) opened a glass door so that the victims can be seen at the driver’s seat after driving the Defendant’s vehicle E-3 vehicle; (c) exposed the Defendant’s sexual organ to the Defendant’s sexual organ; (d) opened the Defendant’s sexual organ; (e) opened the Defendant’s sexual organ; (e) exposed the Defendant’s sexual organ; and (e) opened the victim’s sexual organ at his seat; and (e) embling the victims with her sexual organ at his seat; and (e) discovered that the victims play in the front seat of the said playground; and (e) opened a glass door so that the victims can see the victim’s sexual organ at the driver’s seat; and (e) harming the Defendant’s sexual organ by exposing it.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Each statement of D and C;

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 245 of the Criminal Act;

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

1. Order to complete a program: Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. A provisional payment order: A sentence shall be imposed as ordered in consideration of all the following circumstances with the reason for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable normal circumstance: The recognition of a crime and reflects on the recognition of the crime; the first offender who has no record of criminal punishment; the fact that the crime was committed against female juveniles playing on the playground; the age, occupation, family relationship, etc. of the defendant;