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(영문) 광주지방법원 순천지원 2018.09.03 2017고정596

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 August 12, 2017, at around 11:48, the Defendant, while entering a parking lot between D Mart and E in the Southern-gun C, sent the Defendant’s sexual organ for about five minutes between the Defendant’s sexual organ and five minutes in his/her hand, under the influence of alcohol, even though he/she reported to an unspecified number of unspecified people, such as F.M. employees and Mtet customers and happiness.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. The defendant's legal statement (as at the sixth public trial date);

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

1. Application of Acts and subordinate statutes of the investigation report (Evidence No. 12 pages);

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

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;