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(영문) 서울서부지방법원 2017.01.18 2016고단3634

공연음란등

Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. Around 04:00 on September 24, 2016, the obscenity Defendants, in the “E” club’s female toilets located on the first floor of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government D, left the panty and left the panty. Defendant B, who was off the panty door so that the panty was revealed, was off the panty door, and committed a mutually sexual act on the front door of the toilet entrance.

As a result, the Defendants conspired to publicly engage in obscene acts.

2. The Defendants who interfere with their duties were unable to operate a club for 10 minutes, including a disturbance, i.e., a disturbance that the victim F, who was the operator of the “E” club that observed the Defendants’ sexual acts at the time and place specified in paragraph (1), attempted to see the Defendants out of the club from around 04:00 on September 24, 2016 to around 04:10 on the same day, by causing the customers to leave the club, and by allowing them to leave the club.

Accordingly, the Defendants conspired to interfere with the business of the victimized person's club by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the prosecution with regard to G;

1. Statement made by the police with regard to F;

1. Application of H’s written Acts and subordinate statutes;

1. Relevant Articles 245, 30, 314(1), and 30 (Interference with Business) of the Criminal Act concerning criminal facts, as well as the selection of a punishment (see, e.g., Supreme Court Decision 200Do329, Apr. 21, 200; Supreme Court Decision 2009Do329, Apr. 21, 200).

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. Whether to impose an order to complete a program under Article 334(1) of the Criminal Procedure Act (the Defendants) (the Defendants) is difficult to expect smooth implementation of the order to complete a program due to the lack of smooth communication in Korean language on foreigners.