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(영문) 서울중앙지방법원 2020.10.07 2020고정312

공연음란등

Text

Defendant shall be punished by a fine of three million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

Defendant has no fixed occupation.

1. A public performance and obscenity Defendant, around 11:10 on May 31, 2018, got out of her sexual organ in front of C in Jung-gu Seoul, Jung-gu, Seoul.

Accordingly, the Defendant publicly committed an obscene act.

2. 경범죄처벌법위반(관공서에서의 주취소란) 피고인은 2018. 5. 31. 11:20 제1항의 범죄로 현행범 체포되어 12:25경 서울남대문경찰서 여청수사팀 사무실에 인치된 후 13:00경까지 술에 취한 채로 여청수사팀 경찰관들에게 "내가 언제 성기를 내놨느냐, 거짓말이다", "그게 길바닥이야 ", "야 이 새끼야", "씨발놈", "너무 하잖아. 새끼야" 등 몹시 거친 말과 행동으로 주정하고 시끄럽게 하였다.

Summary of Evidence

D Application of the Act and subordinate statutes to the 112 Report Report on the Investigation Report on the Report Processing Cases (Attachment of Suspect’s Photographs), the Investigation Report (Verification of Suspect’s Arrest Process), the Public Performance and obscenity photographs of the Suspect (Production of Related Video CDs) after the Interrogation of the Suspect, the photograph of the Suspect immediately after the Interrogation of the Suspect, the photograph of the suspect and the de facto

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and Article 3 (3) 1 of the Punishment of Minor Offenses Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act

1. The Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act is the street where many and unspecified persons pass.