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(영문) 부산지방법원 2021.02.10 2020고단4905
공연음란
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

Punishment of the crime

On September 20, 2020, around 06:30 on September 20, 2020, the Defendant changed C (name, fel, 18 years old) at the entrance of the underground parking lot of the Busan-gu B building in Busan-gu, Busan-do, and knee, knee, knee, knee, knee, and knee.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 112 Reporting case handling table;

1. Application of field photographs and CD-related Acts and subordinate statutes;

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

1. Taking into comprehensive account the Defendant’s age, occupation, existence of the history of punishment for a sex offense, details and motive of the offense, method of committing the offense, severity of the offense, etc. under Article 34(1) of the Criminal Procedure Act with regard to the order of provisional payment order, there are special circumstances under which the risk of reoffending is remarkably low or employment is not restricted pursuant to the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act;

Since it is judged, it is not ordered to issue an employment restriction order to the defendant.

The reason for sentencing seems to have been observed by C, as well as the mental impulse and fear, due to the criminal act of the defendant.

However, in consideration of the fact that the defendant is recognized to commit a crime and it is not possible to repeat a crime by receiving a mental therapy, the punishment shall be determined as per the order.

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