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(영문) 서울중앙지방법원 2020.02.13 2019고단8542
공연음란
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 5, 2019, at around 09:18, the Defendant: (a) viewed women, who were passing through the entrance paths No. 4 in front of the station located in Dongjak-gu Seoul Metropolitan Government and surrounding commercial buildings, and (b) laid down their fingers into his/her seat and boomed his/her sexual flag and boomed his/her fingers.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Investigation report (to telephone conversations between witnesses, and telephone conversations between witnesses C);

1. Application of reported text messages, photographs, 112 reported data processing marks, CCTV-cap photographs, and CCTV video CD-related Acts and subordinate statutes;

1. Article 245 of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. 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; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant committed the instant crime during the period during which the instant crime was suspended, and that the Defendant’s act of self-defense in front of the subway exit is not good and the witness’s strong comfortableness is displayed.

However, the defendant has no record of being punished for the same kind of crime, the defendant's age, health, character and conduct, environment, motive and result of the crime, circumstances after the crime, the degree of obscenity act, etc. shall be selected by a fine and the same sentence as the order shall be determined by comprehensively taking into account the following factors: the defendant's age, health, character and behavior, environment, motive and result of the crime, etc.

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