logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.05.29 2015고단27
건조물침입등
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

1. On October 22, 2014, around 07:15, the Defendant: (a) opened and entered the indoor play gate in a child-care center, which was not corrected to commit self-defense, in Songpa-gu Seoul, (b) around October 22, 2014.

Accordingly, the defendant intruded on the building managed by others.

2. A public performance and obscenity Defendant, at the time and at the place specified in paragraph 1, 1, left the outside of the childcare center, frightened to the outside of the childcare center, and boomed the sexual organ by hand.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written statement;

1. Application of Acts and subordinate statutes to field photographs and play photographs of child-care centers;

1. Article 319 (1) and Article 245 of the Criminal Act and the choice of fines for the crime;

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 defendant and his/her defense counsel's assertion of provisional payment order under Article 334 (1) of the Criminal Procedure Act asserts that the defendant and his/her defense counsel did an act identical to the facts stated in the crime at the childcare center playground where he/she had no human resources in relation to the crime of public performance, and thus, they did not have a performance

The term “public” in the crime of public performance and obscenity under Article 245 of the Criminal Act refers to a state in which many and unspecified persons may know, and it is established only when obscene acts may be perceived by an unspecified or many unspecified persons, and in reality, it is not necessary to recognize an obscene act. In other words, the management office may oppose the child-care center, which is the place of crime of this case, under the following circumstances recognized by the aforementioned evidence:

arrow