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(영문) 청주지방법원 2020.01.16 2019고단2465
공연음란
Text

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

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

Reasons

Punishment of the crime

At around 10:30 on July 26, 2019, the Defendant, at the entrance of the rooftop of the building Heung-gu, Chungcheongnam-gu, Cheongju-si, Cheongju-si, had had been reported by neighboring residents, but had expressed both a gate and his clothes, and had openly disclosed a sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes to photographs taken at the site of occurrence of the case, such as arrest report, investigation report (statement of a reporter, etc.);

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the crime, the choice of fines;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities (the fact that the defendant has no record of punishment for a sexual crime and thus, it is difficult to readily conclude that he/she has a risk of recidivism of sexual assault or recidivism; the defendant's bareboat relation or social relationship, method and consequence of the crime, risk of recidivism, etc. is comprehensively taken into account, there is a special circumstance that the

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