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(영문) 청주지방법원 2014.12.17 2014고단1420
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

1. On July 10, 2014, the Defendant committed the crime on July 10, 2014, around 05:31, 2014, up to the “D convenience store” of the victim C (n, 46 years of age) (hereinafter “D convenience store”) operated in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul and entered the above convenience store where any person can get out of the sexual organ, and then returned to the above convenience store while exposing the sexual organ, and subsequently, even according to the calculation cited by the victim, the Defendant openly obscene the Defendant’s sexual organ by gathering drinking water and displaying it to the victim.

2. On July 23, 2014, the Defendant committed the crime at around 06:23, 2014, at the “D convenience store” in the operation of the said victim C, in the same manner as indicated in the preceding paragraph, entered the above convenience store, which is a space where any person can get out of the entrance of the said convenience store and open out of the sexual organ, and returned to the above convenience store in the state of exposing the sexual organ, and displayed the victim’s sexual organ to the victim according to the calculation of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs;

1. Relevant laws and Articles 245 of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be determined as ordered by taking into account the Defendant’s age, character and conduct, and environment, including the fact that the Defendant did not have the same criminal history and reflects his/her mistake, and that the Defendant appears to require treatment programs and mental treatment, etc.

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