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(영문) 서울남부지방법원 2013.11.22 2013고단3597

공연음란

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 21, 2013, around 00:40 on October 21, 2013, the Defendant saw C (A, 43 years of age) at the alleyway B, Geumcheon-gu Seoul, as the victim, and her sexual organ was boomed by the victim, and her sexual organ was scambling.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

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

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

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

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, appears to have committed obscene acts such as the instant crime even before the Defendant was committed, and the Defendant is deemed to have led to the confession of the instant crime, and the circumstances, means, methods, results, etc. of the instant crime shall be determined by taking into account the following as a whole:

It is so decided as per Disposition for the above reasons.