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(영문) 서울동부지방법원 2018.02.08 2017고단3754
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

The Defendant, around 00:00 on September 1, 2017, at around 00:0, look at the women who were seated in the table of “C convenience store” located in Gwangjin-gu Seoul Special Metropolitan City, and look at the gender of the Defendant by inserting a hand on his/her inner organ.

In other words, it made a patently obscene act by asking women to talk with them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

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 sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall be determined as ordered by comprehensively taking into account the following circumstances and other various conditions of sentencing as shown in the records.

It is against the fact that the defendant has the same history of fine only once.

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