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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 September 12, 2017, at around 07:40, the Defendant: (a) taken a bar in the alley located in Eunpyeong-gu Seoul Metropolitan Government on September 12, 2017; (b) taken a bar in which C (V, 20 years of age) reported; and (c) carried a sexual organ in his/her hand, thereby openly committing an obscene act.
2. On September 23, 2017, the Defendant: (a) 08:40 around September 23, 2017: (b) taken a brush report from the place described in paragraph (1) to the 26 years old; (c) laid down the brush report; and (d) laid down the sexual organ in his/her hand, thereby openly committing
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against D;
1. C’s statement;
1. Application of Acts and subordinate statutes to report investigation (verification of CCTV images, etc. in the vicinity of the generated area);
1. Article 245 of the Criminal Act concerning the facts constituting an offense;
1. Selection of each alternative fine for punishment (in consideration of the circumstances, such as the fact that the punishment is against his/her wrong mistake and that there is no record of criminal punishment);
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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;