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(영문) 대구지방법원 2016.07.19 2016고단2317
공연음란등
Text

1. Defendant A shall be punished by a fine of KRW 1,500,00, and Defendant B and C shall be punished by a fine of KRW 800,000.

2. The defendants are above.

Reasons

Punishment of the crime

1. On March 2, 2016, Defendants A and B committed a publicly obscene act in a manner of sexual intercourse with the restaurant located in Daegu-gu Daegu-gu G by drinking alcohol at the H restaurant and cutting off all of his clothes up to his clothes, and enjoying them in the restaurant.

2. Defendant A and C’s co-crime Defendants 1 and 42 years of age at the time and place specified in the above paragraph 1, reported that the victim I (the victim I, 42 years of age), who is the customer of the above restaurant, continued to put the portable telephone level on his own, and, in order to confirm who was a telephone, Defendant A and Defendant A are called the phone operator to check who was the telephone.

“In addition, the victim’s head at one time, and the victim’s face was displayed in drinking, and Defendant A’s head and Defendant A’s head were shaking the victim’s head. Defendant A’s head and Defendant C was shaking the victim’s head.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendant J and C’s respective legal statements

1. The defendant B's partial statement

1. Statement made to I by the police;

1. A statement of K;

1. Application of Acts and subordinate statutes to an investigation report (to hear statements by telephone from K);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 245 of the Criminal Act (a point of obscenity in a public performance), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (a point of joint assault)

B. Defendant B: Article 245 of the Criminal Act

(c) Defendant C: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act

1. Defendants who choose punishment: Each selective fine

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Order to complete a program: Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Defendants of the provisional payment order: Defendant B and their defense counsel’s assertion of the mental and physical loss of the Defendant B of Article 334(1) of the Criminal Procedure Act and their defense counsel at the time of the instant crime.

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