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(영문) 부산지방법원 2019.09.25 2019고단3235

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

1. On May 10, 2019, at around 12:10, the Defendant publicly exposed his or her sexual organ to the upper end while a student living in Busan High School’s school meal room was exposed to the upper end of his or her school meal room. On May 10, 2019, the Defendant made an obscene act by openly exposing the upper end of his or her sexual organ.

2. At around 12:10 on June 13, 2019, the Defendant openly conducted obscene acts by opening a brupter to correct C High School and by leaving a brush with a c high school’s sexual organ in the back of the Eth art gallery located in Busan D.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of the police statement of the F, G, and H;

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and Articles 245 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities (the fact that the defendant has no record of punishment for a sexual crime and thus, it is difficult to readily conclude that he/she is in danger of sexual assault and recidivism, and the defendant should not be restricted from employment, such as children and juveniles-related institutions, in full view of the defendant's B or his/her social relationship, the method and consequence of the crime,