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(영문) 서울동부지방법원 2017.08.08 2017고단1724

공연음란

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On February 2, 2017, the Defendant: (a) on the roads front of D stores located in Songpa-gu Seoul, Songpa-gu, Seoul; (b) opened a brub while unspecified people pass and taken the brush; and (c) returned to the Defendant.

2. On March 2017, at the same place as Paragraph 1, the Defendant: (a) opened a bucker while unspecified people pass and taken the bucker; and (b) returned to the Defendant.

3. On March 16, 2017, at the same place as paragraph 1, around 07:50 on March 16, 2017, the Defendant opened a brupt and taken the brush while complying with E (V, 46 years old).

Accordingly, the Defendant made a patently obscene act three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographss and CCTV caps;

1. Application of the 112 reported case processing table, investigation report (verification of CCTV in Drobes)-related statutes;

1. Relevant Articles of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall be determined as ordered by comprehensively taking into account the following circumstances and other various conditions of sentencing as shown in the records.

The defendant has no power exceeding the same kind of power or fine, and is against the defendant.