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(영문) 서울동부지방법원 2016.11.18 2016고단2524
공연음란
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 5, 2016, around 00:00, the Defendant: (a) brought down kne in a chemical group located in Songpa-gu Seoul, Songpa-gu, Seoul with a view to an unspecified number of people; (b) brought knk, “Apk hump”, and carried out self-defense with a sexual flag.

2. On July 13, 2016, around 00:20 on July 13, 2016, the Defendant, at the places indicated in paragraph (1), brought down kne in a state where many and unspecified persons can see, and carried out self-defense, i.e., “Apk kkb hack”, and arbing a sexual flag

Accordingly, the Defendant openly committed obscene acts.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Legal statement of witness D;

1. Application of the photographic Acts and subordinate statutes;

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the choice of punishment, and Article 245 of the Criminal Act, each of the choice of fines (see, e.g., Supreme Court Decisions 200Do1448, Apr. 2, 2001>

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

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