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(영문) 창원지방법원 진주지원 2019.08.29 2019고단381

공연음란

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around February 14, 2019, the Defendant committed a publicly obscene act by openly putting a brupted act by cutting the brupter and cutting the sexual organ into a brush and cutting it down on the front side of Sacheon-si, Macheon-si, at around 10:05, and then cutting down the brupter.

2. On March 26, 2019, around 10:55 on March 26, 2019, the Defendant committed a publicly obscene act by cutting his or her sexual organ to a female in a “E” park book located in Sacheon-si, Sacheon-si, toward his or her name-free women, and by cutting off his or her sexual organ into a scam and scaming method.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. CCTV image CDs;

1. Application of Acts and subordinate statutes to each investigation report (referred to the sequence 1 through 8, 10, 13 through 16 of the evidence list);

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the applicable criminal facts and the choice of fines;

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) takes into account extenuating circumstances into account that there was a past record of being punished for the same crime, and where the defendant is sentenced to imprisonment without prison labor or heavier punishment as the police assigned for special guard pursuant to relevant Acts and subordinate statutes, the defendant shall be retired ipso facto from office, taking into account the various sentencing conditions