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(영문) 광주지방법원 2018.09.05 2018고정331
공연음란
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a security guard in C elementary school.

On November 26, 2017, around 13:40 on November 26, 2017, the Defendant: (a) opened laundry with the panty and the panty in excess of the victim E (10 years, n), victim F (11 years, n), victim G (11 years, n), etc. attending the same school located in Gwangju Mine District D; (b) opened laundry with the panty and the panty, and opened laundry to the school hall, and openly string it.

Summary of Evidence

1. Legal statement of E;

1. Application of the respective legal statements statutes of G and F;

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. There are special circumstances in which it is impossible to impose an order to complete a program pursuant to the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the ground that the Defendant exempted from order to complete a program under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is unable to undergo normal educational effects following order to complete a program because he/she has old age,

Since it is judged, the order to complete the program is not concurrently imposed on the defendant.

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