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(영문) 수원지방법원 성남지원 2017.07.07 2017고단952
공연음란
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 5, 2017, around 23:32, the Defendant boarding a metropolitan bus No. D 9000, which was operated on the surface of the sponsor of Sungnam-gu Seoul Jung-gu, Seoul, with a view to the air-area 23:00, and was seated on the side of the second string of the seat following the driver’s seat, and was seated on the side of the Defendant, while the Defendant was on board several passengers inside the bus, such as E (n, 24 years old) who was on board the side of the Defendant’s seat.

An act of self-defense, such as spawn and shakes over several times under the spawn, was committed.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes for report on internal investigation (the need for a warrant for investigation for confirmation of black stay and for search and seizure inspection);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the Defendant was unable to receive a letter from the injured party, and that there was an interview with the number of crimes by openly obscenity in the public transport bus.

However, in consideration of the fact that the defendant has no record of punishment other than a fine once according to the crime of this type, that the defendant has led to the confession of the crime of this case and the attitude against the truth, and that other factors such as Article 51 of the Criminal Act are considered, the punishment shall be determined as per the order.

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