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(영문) 서울동부지방법원 2016.12.08 2016고단3712

공연음란

Text

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

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

Reasons

Punishment of the crime

1. On October 9, 2016, at around 05:38, the Defendant: (a) sent to convenience stores located in Songpa-gu Seoul Metropolitan Government, and purchased beer 1 cans, and (b) sent a sexual flag on his/her employees D (bee 20 years of age) and changed 100 won to 10 foots; and (c) led up to about five minutes of the obscene act.

2. On October 9, 2016, around 06:07, the Defendant: (a) had exposed to the nature of the F convenience store in Songpa-gu Seoul, Songpa-gu; (b) had purchased beer 1 cans; (c) had a sexual flag laid on the Kater before employees G (the age of 31); and (d) changed 100 won into 10 foots; and (c) had a multiple times of change, leading up to about five minutes of obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. A report on internal investigation ( CCTV at a F convenience point);

1. Application of the Acts and subordinate statutes to report internal accidents (502 CCTVs around CCTVs and the addition of victims);

1. Relevant Article 245 of the Criminal Act concerning the facts constituting an offense and Article 245 of the Selection of Punishment;

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

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