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(영문) 부산지방법원 2018.02.12 2017고단6269
공연음란
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 6, 2017, around 14:35, the Defendant found the victim F (n, 21 years of age) in walking, and then cut back, under the Urban Railroad E-gu No. 10 Station in Busan East-gu, Busan-dong, the Defendant discovered the victim F (n, 21 years of age) in walking, and loaded his/her seat.

A patently obscenity act was done in a way of display.

2. On August 7, 2017, the Defendant found the victim G (V, 20 years old) who walked around the 5th exit of the said place from around August 21:22, 2017, and cut back after having her seated.

A patently obscenity act was done in a way of display.

3. On September 17, 2017, at around 13:05, the Defendant discovered the victim H (the age of 21) who is walking at the exit stairs No. 12 of the above places, found the victim H (the age of 21), and set a breath under his/her official approval color, and then cut back the breath.

A patently obscenity act was done in a way of display.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the respective Acts and subordinate statutes of G and H

1. Article 245 of the Criminal Act concerning the facts constituting an offense;

2. Selection of a fine for selective punishment (the punishment shall be imposed by a fine in consideration of the fact that the victims seem to have been suffering from considerable apprehensions due to the instant crime, and that the frequency of the commission of the crime is much unfavorable circumstances or the fact that there is no past criminal record);

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

6. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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