logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.10.19 2018고단3502
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 August 11, 2018, at around 09:00, the Defendant laid down Hashe from a park located in Daegu Jung-gu B, Daegu-gu, and laid down Hashed as it was, and sited into a chair at that park, and made a public obscenity act by showing his or her sexual organ to many unspecified people passing through the park.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of investigation report (a statement of a reporter and attachment to the table for processing reported cases) and a statement of processing reported cases under 112;

1. Application of Acts and subordinate statutes to photographs exposed to stoves;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was sentenced on May 10, 2018 by the Daegu District Court to a suspension of execution of official duties for six months on the 18th of the same month, and the said judgment became final and conclusive on May 10, 2018, and again committed the instant crime even during the suspension of execution, is disadvantageous to the Defendant.

The defendant is not subject to criminal punishment of the same kind, and the defendant is against the defendant and has the treatment of alcohol addiction faithfully.

It is advantageous to that point.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

In light of the Defendant’s age, occupation, existence of the record of punishment for sex crimes, the details of the instant crime, the method and consequence of the crime, seriousness of the crime, etc., under the proviso to Article 56(1) of the Act on the Protection of Juveniles from Sexual Abuse, there are special circumstances in which the risk of re-offending is significantly low or employment shall not be restricted pursuant to the proviso to Article 56(1)

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

arrow