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(영문) 인천지방법원 부천지원 2017.10.18 2017고단1846

공연음란

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 9, 2017, the Defendant passed a place in front of the B house, D on May 9, 2017.

Many people such as C (n, 22 years of age) reported, they laid panty and laid the Defendant's sexual organ in his hand and openly obscenity.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of D;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The sentencing conditions stated in the record, such as the following circumstances and the attitude of the crime, age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc. under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined in full view of the sentencing conditions stated in the records.

- As a crime committed by the Defendant, witnesses feel a considerable sense of sexual humiliation, insult, and aversion.

- However, the defendant's mistake was found later.

- No planned crime was committed.

- there is no history of punishment or heavier punishment than that of the same crime or suspended execution.