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(영문) 서울서부지방법원 2017.11.29 2017고단2990
공연음란
Text

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;

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