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(영문) 서울남부지방법원 2019.07.12 2019고단2128
공연음란
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 9, 2019, at around 23:20, the Defendant: (a) sent to the victim C (V, female, and family) returning home home on the road front of Yangcheon-gu Seoul Metropolitan Government; and (b) performed self-defense by exposing his sexual organ.

2. On March 10, 2019, around 22:50 on March 10, 2019, the Defendant: (a) sent to the victim F (n, 26 years of age) returning home in the vicinity of the latter part of “E Middle School” located in Yangcheon-gu Seoul, Yangcheon-gu Seoul; and (b) exposed to his sexual organ.

Accordingly, the Defendant made a patently obscene act two times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement concerning F and C;

1. Application of Acts and subordinate statutes on internal investigation reports (the CCTV images of the user mobile route and the storage of CDs);

1. Relevant Articles of the Criminal Act and Articles 245 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

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

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