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(영문) 대전지방법원 천안지원 2016.05.20 2016고단5

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 October 6, 2015, at around 17:00, the Defendant: (a) took a bath to many and unspecified persons, and (b) took a look at the victim D (a person, a person, and a person aged 12) who was taking a bath to them; and (c) took a part in the act of self-defenseing the sexual organ by hand.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each statute on photographs;

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

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

1. Consideration, such as the fact that there exists a same record of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and that the defendant committed a crime and reflects the wrongness;