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(영문) 광주지방법원 2018.04.18 2018고단226

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

Punishment of the crime

On November 27, 2017, the Defendant started a C Terminal, around 10:20 on November 27, 2017, and openly obscenityd by the Defendant, on the part of the Defendant, at the seat of 20 seats in the E-high bus that is scheduled to arrive at a rapid bus terminal located in Gwangju D, while the victim F (V, 20 years old) who was seated next seated, etc. was on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes governing the internal photograph of buses;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete a program (any special circumstance in which it is impossible to impose an order to complete a program, considering the mental and health conditions of the accused and the fact that the accused is receiving medical treatment from

The reason for sentencing is that the defendant is continuously receiving treatment for editing soldiers with mental disorders of Grade II.

The defendant's mistake is recognized and reflected, and criminal punishment is the first offender who has no record of criminal punishment, and living together with his/her mother is living as the pension for the disabled without any occupation.

In addition, in consideration of the defendant's age, sex, motive and means of a crime, and circumstances after a crime, etc., various sentencing conditions in the process of the crime in this case and the trial shall be determined as ordered.