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(영문) 부산지방법원 2019.11.25 2019고단5064

공연음란

Text

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

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

Reasons

Punishment of the crime

Defendant

A is a company member.

On June 29, 2019, at around 02:00, the Defendant 130 meters prior to the end of Busan and the front road of the same Gu C from the Jung-gu, Busan to the front road of the same Gu, and the Defendant her walked after the victim, and her frighter, her frighter, her sexual organ, her hand, and her hand, openly obscenity.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to attach screen pictures taken by the victim's male-friendly Gu);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 245 of the Criminal Act and Article 245 of the Criminal Act concerning the crime, the choice of fines;

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

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

4. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act.

5. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

1. The scope of punishment by law: A fine not exceeding five million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not be applied by selecting fines; and

3. The offense of this case is not good for the Defendant to commit this case by obscenity while obscing the victim behind the victim at night.

The defendant has been punished for the same kind of crime even before.

These circumstances are disadvantageous to the defendant.

However, the defendant led to confession and reflect on the crime of this case.

In agreement with the victim, the victim shall not want the punishment of the defendant.

In addition, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and result of the crime, the circumstances before and after the crime, etc. shall be comprehensively considered in all the sentencing conditions shown in the arguments in this case, such as the order.