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(영문) 대구지방법원 서부지원 2018.08.21 2018고정173
공연음란
Text

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

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

Reasons

Punishment of the crime

On January 25, 2017, the Defendant: (a) around 11:50, on a road that is passed by a large number of unspecified vehicles and people in front of Seogu-gu, Daegu, Seo-gu; (b) obstructed the vehicle; (c) knee, knee, knee, knee; and

Ethical urology and urology were revealed.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Partial statement of the defendant;

1. On-site photographs;

1. Application of Acts and subordinate statutes to arrest and report cases;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (the defendant and his defense counsel only attempted to make a sudden change by drinking the defendant at the time, and thus, the defendant did not have any awareness of obscenity.

In light of the evidence and records, the court below found the following facts: "At the time, the police officers who received the report received 112 reports, and the police officers sent out on the road where many people are hnee and knee and knee and got on the road where traffic was frequent while entering the road where the defendant was knee and knee and got on the road. After the police officer's restraint, the defendant tried to take a bath and assault the police officer with his sexual organ exposed despite the police officer's restraint. Thus, considering the time, place, exposure level and continuous time when the above act was committed, it cannot be deemed that the defendant's act was merely a temporary exposure to sexual organ for dysurology, and the defendant's act as the defendant usually committed the above series of acts while exposing his sexual organ to many and unspecified persons.

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