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(영문) 전주지방법원 2016.09.29 2016고단1014

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

Criminal facts

On April 4, 2015, the Defendant: (a) around 7:50, around 7:4, 2015, at the DPoter Ⅱ Cargo Track that was set up in front of the convenience store C located in YU-gu B, YU-si; (b) at the driver’s seat of the Defendant, the Defendant laid down the driver’s seat outside of the vehicle and laid down his sexual organ, and committed an obscene act openly by self-defense.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to on-site photographs and investigative reports (related to refusal to make statements by victims);

1. Article 245 of the Criminal Act applicable to the crimes;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;