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(영문) 부산지방법원 동부지원 2021.03.19 2020고단2662
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

On July 22, 2020, the Defendant: (a) was instructed by a person without a name, who was in 00:25 on July 22, 2020; (b) was exempted from all clothes from the stairs of the entrance of the 1st floor B in Busan Suwon-gu; and (c) moved to a parking lot located in the Dong and E with the body and was in self-defense of the Defendant’s sexual flag.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to photographs taken by witnesses, photographs taken by suspects at the time of committing a crime, the list of 112 reported cases, the investigation report (attached to seals, etc. where a crime is committed), the photographic images of CCTV for crime prevention (a file of CCTV for crime prevention in the vicinity of the crime place), the investigation report (the counter investigation of the victim (the victim)), the investigation report (the counter investigation of the victim), and the photographic photo of witnesses;

1. Relevant Article 245 of the Criminal Act and Article 245 of the Criminal Act (Selection of a fine in consideration of the initial crime, etc.);

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. A crime of determining whether a person is subject to the registration, disclosure order, or notification order of personal information under Article 334(1) of the Criminal Procedure Act is an offense provided for in Article 2(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and does not constitute a sex offense subject to the registration of personal information under Article 42(1) of the same Act, and does not constitute a sex offense subject to the disclosure order or notification order under Articles 47 and 49 of the same Act, and does not constitute a sex offense subject to the disclosure order or notification order under Articles 47 and 49 of the same Act

The defendant's age, occupation, family environment, social relationship, criminal record and risk of recidivism, profits and preventive effects expected by the employment restriction order, disadvantages and side effects resulting therefrom, principle of prohibition of disadvantageous changes, etc. shall be comprehensively taken into account.

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