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Defendant shall be punished by a fine of four million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Reasons
Punishment of the crime
1. On June 12, 2018, around 14:10 on June 12, 2018, the Defendant of a public performance obscenity committed an obscene act by openly putting the said things on the customer E (n, 27 years old) (i.e., in front of the space between the 3rd and 10th floor of the Geumcheon-gu Seoul Metropolitan Government building, and (ii) in front of the space where the said things are mixed, and (iii) throw away the sexual organ, and then shade them under the below.
2. After committing the act of self-defense as described in paragraph 1, the Defendant requested the victim E (n, 27 years old) to leave security personnel to this employee at the time, place, etc. described in paragraph 1, and assaulted the victim by attaching the Defendant who seeks to flee, selling, and selling his arms.
Summary of Evidence
【Public Performance obscenity】
1. Statement by the defendant in court;
1. Legal statement of witness E;
1. CCTV CDs (Assault part);
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Application of CCTV-related Acts and subordinate statutes;
1. Relevant Article 245 of the Criminal Act and Article 245 of the Criminal Act (the point of obscenity and the choice of fines) on criminal facts and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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 sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act requires consideration of the method, contents, etc. of the instant crime. In addition, the sentence is identical to the disposition, taking into account all the factors of sentencing as indicated in the Defendant’s domestic criminal record, relation, age, sex, environment, family relationship, circumstances after the commission of the crime, etc.
In light of the Defendant’s age, occupation, criminal record, risk of recidivism, type of the instant crime, motive, criminal process, the degree of disadvantage to the Defendant, anticipated side effects, and preventive effects of sexual crimes that may be achieved by order to complete the program, the employment restriction order shall be issued.