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(영문) 인천지방법원 2018.05.18 2017고정2637

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

On August 28, 2017, at around 12:45, the Defendant was in a place where many children and library users are disclosed in the vicinity of the first floor library C Library B located in the Nam-gu Incheon Metropolitan City, Incheon Metropolitan City. However, the Defendant was in a place where a large number of children and library users are located.

D The court shall dismiss the defendant's sexual organ from the time when the report is filed

In a way that a person commits an obscene act by repeating an act.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Investigation report (on-site inspection, search and investigation), field photo (the defendant and defense counsel asserted that the defendant and defense counsel had a simple fact in C Library's children's material room at the time and time stated in the facts constituting a crime, but there was no obscenity act.

However, according to the above evidence, it can be sufficiently recognized that the Defendant committed an obscene act as described in the facts charged in the judgment (the content of the E’s statement, which was delivered by the witness D or D at the time and designated the Defendant as a obscenity offender, as a obscenity offender, is generally consistent in specific and essential parts, and its credibility is recognized). Accordingly, the above assertion by the Defendant and the defense counsel cannot be accepted).

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