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(영문) 서울남부지방법원 2017.08.25 2017고단2701
공연음란
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

1. On May 18, 2017, the Defendant: (a) around 16:00 on May 18, 2017, in the E Park book in Gangseo-gu Seoul Metropolitan Government, the Defendant shown that the Defendant was a lux in the body that she was kept with a strong clothes and without having a panty in the body that she was kept on the body without having a panty seat; and (b) when many unspecified women, such as F, have passed, the Defendant displayed a luxus that he was kept outside of the clothes by walking the clothes.

Accordingly, the Defendant publicly committed an obscene act.

2. On May 19, 2017, the Defendant, at around 16:00 around May 19, 2017, displayed a stove that, if an unspecified number of women passes by the said method at the place specified in the above paragraph 1, the Defendant was able to walk a stove from the stoves.

Accordingly, the Defendant publicly committed an obscene act.

3. On May 22, 2017, the Defendant, around 16:00 on May 22, 2017, displayed in front of the entrance of the Gangseo-gu Seoul Metropolitan Government apartment apartment parking lot, where many and unspecified women, such as F, pass by using the method, such as the foregoing paragraph 1, the Defendant showed a snife that he/she would walk the clothes outside of the long door so that he/she can be kept as it is.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of statutes on site photographs;

1. Article 245 of the Criminal Act and the choice of fines for the crime; Article 245 of the Criminal Act and the choice of fines for the 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed a obscenity act on three occasions and committed a public performance against an unspecified number of women. On August 6, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of obscene performance at the Seoul Southern District Court, and on December 11, 2014, ordered suspension of indictment for the same crime at the Seoul Southern District Public Prosecutor’s Office.

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