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(영문) 창원지방법원 2019.10.02 2019고단1909
공연음란등
Text

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

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

Reasons

Criminal facts

1. On May 1, 2019, at around 23:20 on May 1, 2019, the Defendant obscenity seeed 2 persons, such as E (n, 16 years old) who drink hambs in the D parking lot located adjacent to the Defendant’s seat, and scambling the scam and scambling the sexual organ in his hand as he did the act of self-defense.

Accordingly, the Defendant publicly committed an obscene act.

2. On May 1, 2019, the Defendant used violence at around 23:55, the victim F (19 years of age) one time in a manner of displaying arms to the face of the victim in a food felel, Kim Young-si, in order to catch the Defendant in relation to the Defendant’s obscenity crime.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of the statutes governing the case-related photographs

1. Relevant Article 245 of the Criminal Act, Article 245 of the Criminal Act, Article 260 (1) of the Criminal Act and the selection of fines for a crime;

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

1. In full view of the following circumstances: (a) the Defendant’s age to exempt the employment restriction order under Article 334(1) of the Criminal Procedure Act; (b) type of crime; (c) criminal records; and the social benefits expected by the employment restriction order; and (c) the prevention effect of sexual crimes; and (d) the disadvantage and anticipated side effects of the Defendant, etc., the Defendant is determined as having special circumstances where the employment restriction order shall not be issued to the child or juvenile-related institution, etc. and welfare facilities for the disabled; and (d) accordingly, the Defendant is not subject to an employment restriction order under the proviso to Article 56(

The reason for sentencing is that the defendant recognizes and reflects the crime of this case, and the criminal records and age of the defendant.

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