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(영문) 서울동부지방법원 2017.08.31 2017고단1998

공연음란

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On May 31, 2017, at around 18:40, the Defendant openly committed obscene acts, such as making a man’s appearance of passage on the street near the above parking lot, taking the sexual flag back, and then making a man in front of and rear a sexual flag, in his/her hands, within the Gwangjin-gu Seoul Special Metropolitan City Cralet parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (on-site inspection and CCTV verification);

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall be determined as ordered by comprehensively taking into account the following circumstances and other various conditions of sentencing as shown in the records.

The fact that the defendant has no power in the same kind and is pening in depth;