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(영문) 수원지방법원 평택지원 2015.07.23 2015고단821

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 17, 2015, at the C convenience store located in Pyeongtaek-si B around 20:57, the Defendant discovered D(A) in which many and unspecified persons, such as employees and customers, had been drinking beverages (the age of 17) and downloaded back to the aforementioned D, and subsequently, carried out the Defendant’s sexual organ at which the Defendant was released, and produced it to the said D, and carried out an obscene act openly by drinking the sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of each statute on photographs;

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

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. Normal circumstances favorable to the reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order: Determination as to whether the offense is inferior, the existence of the same kind of punishment power is applied, or not: The offense is inferior; and