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(영문) 서울남부지방법원 2019.06.28 2019고단1930
공연음란
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On April 5, 2019, around 19:30 on April 5, 2019, the Defendant publicly obscenity committed an obscene act by openly displaying the Defendant’s sexual organ to C with obscene horses in Yangcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of statutes on site photographs;

1. Relevant Article 245 of the Criminal Act concerning the facts constituting an offense and Article 245 of the Selection of Punishment;

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 crime of determining whether a person is subject to an order to register, disclose, or disclose personal information under Article 334(1) of the Criminal Procedure Act is an offense provided for in Article 2(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and does not constitute a sex offense subject to the registration of personal information under Article 42(1) of the same Act, and does not constitute a sex offense subject to an order to disclose or notify personal information under Articles 47 and 49 of the same Act, and thus does not constitute a duty to submit

Considering the Defendant’s age, home environment, character and conduct, risk of recidivism, details and motive of the crime, seriousness of the crime, prevention of sex crimes expected by an employment restriction order, and the degree of disadvantage and anticipated side effects of the Defendant resulting therefrom, etc., the Defendant is not subject to an employment restriction order. As such, the Defendant is not subject to an employment restriction order against children, juveniles-related institutions, etc. and welfare facilities for the disabled.

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