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(영문) 대구지방법원 2018.02.08 2017고단7082
공연음란등
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On October 18, 2017, in front of D elementary school located in Daegu-gu Dong-gu, Daegu-gu, about 20:41 on October 18, 2017, the Defendant finds out the victim F (n, 16 years of age) who had been running a spke vehicle owned by the Defendant, and finds out the window of the said vehicle and take out the Defendant’s sexual flag.

The act of self-defense was committed.

Accordingly, the Defendant publicly committed an obscene act.

2. On October 27, 2017, the Defendant displayed obscene films: (a) on the front of H department stores located in Daegu-gu Daegu-gu, Daegu-gu, the Defendant discovered I (20 years old) who was in the atmosphere of the Defendant’s vehicle in front of the H department stores, while operating the said spke vehicle, and his/her mother-child vehicle in front of the Defendant’s vehicle; (b) performed self-defense by a man in secret name with cell phone, and then, (c) made many unspecified persons, such as I, by attaching the Defendant’s cell phone to the Defendant’s window so that he/she can see the video.

Accordingly, the Defendant publicly shown obscene films.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and I;

1. Application of Acts and subordinate statutes concerning the report of internal investigation (as to the initial investigation), report of internal investigation (as a result of the analysis of CCTV around the site), CCTV photographs, and report of internal investigation (as to the receipt of the report of additional crimes),-112, to the Acts and subordinate statutes governing the report of internal investigation;

1. Relevant legal provisions concerning criminal facts, Article 245 of the Criminal Act (the point of obscenity in a public performance), Article 243 of the Criminal Act (the point of showing obscene films), and the selection of each fine;

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

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. The fact that the defendant made the victims feel a sense of sexual shame by openly showing obscene images for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and repeatedly committed a crime by inducing them to feel a sense of sexual humiliation. However, the fact that the defendant led to the confession of the crime, and that there is no same power as the defendant did.

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