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(영문) 서울북부지방법원 2017.10.26 2017고단3654
공연음란
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 10, 2017, the Defendant: (a) around 22:05, at the D direction platform for the line C of Seongdong-gu Seoul Metropolitan City B subway No. 5, and (b) at around 22:05, the Defendant sited in a chair, reciting adult dynamics into his mobile phone, and let off the fluences after reproducing adult dynamics.

I performed the above act.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. Application of the Acts and subordinate statutes to the investigation report (such as the suspect's self-defense page, photographing output, etc.), and photographic output of the suspect's self

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. The Defendant asserts to the effect that the Defendant was physically and mentally deprived or physically under the influence of alcohol at the time of committing the instant crime, as to the Defendant’s argument regarding the punishment, etc. of sexual assault crimes committed in order to complete program.

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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