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(영문) 인천지방법원 부천지원 2018.05.16 2018고단718

공연음란

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 4, 2017, around 09:00, the Defendant opened a new brupter in front of the victim C (40 taxes, women) and openly committed an obscene act in a way of self-defense, following the back of the victim C (40s, women).

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement 1 of C, the application of CCTV-related Acts and subordinate statutes to the suspect for crime prevention before and after committing the crime;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant recognized his mistake and reflects his fault, and it seems that the Defendant made efforts not to repeat the crime by receiving treatment after the instant case.

However, due to the defendant's wrong testimony, a witness feel a considerable sense of aversion, insult, and sexual humiliation.

The quality of crime is not easy to do so.

In addition, the punishment for the defendants of similar cases shall be determined by comprehensively taking into account the following factors: equity of the defendants, age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., and the conditions of sentencing as shown in the records.