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(영문) 인천지방법원 부천지원 2017.11.08 2017고단2076
공연음란
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 2016, the Defendant laid down the 416th floor from the 1st to the 2nd floor of the 416th floor of the B Apartment-si, Gyeongcheon-si, 2016, and publicly obscenity was sexually obscene to C (Y, 14 years of age) who passed through knee, knee, knee, and knee.

2. On May 8, 2017, at around 22:30, the Defendant, at the same place as the foregoing paragraph 1, laid down booms and clothes stored, up to the sexual upper end of the booms, and had the Defendant appear to be seen to C under the foregoing paragraph 1, and had the Defendant engage in an obscene act by openly taking charge of sexual instruments.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 245 of the Criminal Act and the choice of fines for the crime; Article 245 of the Criminal Act and the choice of fines for the crime;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects the Defendant’s mistake.

There is no criminal history prior to the instant case.

However, due to the repeated mistakes of the defendant, a witness who has been aged was faced with a considerable mental impulse and was punished for the defendant.

In addition, the punishment shall be determined by comprehensively taking into account the frequency of crimes, the form of crimes, the age of the accused, occupation, sex, family relation, living environment, circumstances leading to the crimes, etc., and the conditions of the punishment as shown in the records, such as the circumstances after

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