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(영문) 서울북부지방법원 2016.09.22 2016고단2542
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

On June 4, 2016, the Defendant, at around 23:00, laid off a cab in front of D on the street in Seongbuk-gu, Sungbuk-gu, and exposed a sexual organ to the general public so that many and unspecified people can see it.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on investigation (to hear statements of witnesses);

1. Application of Acts and subordinate statutes to report on investigation (referring to reporting on hearing the F statements of wooden shots);

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

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

1. As to the Defendant’s argument regarding Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant and the defense counsel asserts to the effect that the Defendant was physically and mentally deprived or physically weak at the time of the instant crime.

In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.

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