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(영문) 수원지방법원 성남지원 2019.08.21 2019고단1146

공연음란

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around April 2, 2019, the Defendant openly committed an obscene act, such as discovering C’s book at the bus stops in front of Sungnam-gu, Seongbuk-gu, Sungnam-gu, Sungnam-si on April 23:10, 2019, and leaving his sexual organ out of it, and committing self-defense by hand.

2. Around April 11, 2019, the Defendant committed an obscene act, such as discovering that the said C was west at the bus stops located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-si, and displaying it to C, around April 11, 2019.

3. Around April 15, 2019, the Defendant committed an obscene act, such as revealing that D was located at the bus stops located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul, on April 15, 2019, and exposing her sexual organ out of the bus stops, and exposing her sexual organ by hand, etc.

4. Around April 17, 2019, the Defendant committed an obscene act, such as discovering that the said C had a letter at the bus stops in front of the Young-gu Seoul Metropolitan City, Sungnam-gu, Seoul Metropolitan City, on April 17, 2019, and displaying it to C, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes to each investigation report (in-depth photographs, etc.);

1. Relevant Articles of the Criminal Act and Articles 245 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The crime of this case on the grounds of sentencing under the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso of Article 59-3(1) of the Act on Welfare of Persons with Disabilities ( comprehensively taking into account the content, motive, method, and consequence of the crime, character and conduct of the defendant, environment, record of the crime, risk of recidivism, etc.) is committed by the defendant, once more than four times, by taking the sex organ out of the bus stops.