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(영문) 서울북부지방법원 2015.09.24 2015고단2014

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

At around 08:00 on April 16, 2015, the Defendant publicly committed an obscene act, such as unloading a boomer of the brush that had been worn by many unspecified female students attending each of the above schools in the D High Schools and E Middle Schools located in Dongdaemun-gu Seoul Metropolitan Government, and scambing their sexual instruments.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, G and H;

1. Application of Acts and subordinate statutes to a report on investigation (for correction of a criminal date);

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. 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. Scope of recommendations based on the sentencing criteria: The sentencing criteria shall not apply in excess of the choice of fines; and

3. The fact that the defendant in the decision of sentencing is deeply divided and reflects his criminal act, and that there is no record of criminal punishment in the Republic of Korea is recognized, but the place of the criminal act in this case was front of a female juvenile middle school with frequent traffic of female students, the time of the crime was the time when female students attend school, and other all circumstances shown in the arguments in this case, such as the defendant's age, family relationship, and inclination, shall be determined as per the order.