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(영문) 서울중앙지방법원 2014.10.01 2014고단5179
공연음란
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 10:18 on May 13, 2014, the Defendant: (a) discovered that D (the age of 31) walks while driving a car for Csch Rexton and temporarily stopping on the front of △△△ apartment road located in Seocho-gu Seoul, Seocho-gu, Seoul; (b) stopped the said car on the front side of the bus stops where the female stops; (c) opened a bus on the front side of the bus stops; and (d) committed an act of cutting down the bus by hand while waiting for the bus with a chief window of the said car, which was sitting down on the seat and waiting for the bus, while driving the car at the front of the △△△ apartment road located in Seocho-gu, Seocho-gu, Seoul.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written statements of D;

1. 112. List of reported cases;

1. Protocol of inspection;

1. Application of Acts and subordinate statutes to investigation reports (organization of a record of 112 reported by a victim, a recording file of 112 reported by a victim, a file of recording of a victim's telephone, a motion picture confirmed at the time of a driver's vehicle A, a field photograph CD attachment

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning criminal facts and the choice of fines;

1. Article 70 of the former Criminal Act (wholly amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are heavy mental impulses of the victim due to the crime of this case. The victim, who wishes to punish the defendant, has no record of the same crime against the defendant, and the defendant has no record of the crime, and it is decided as ordered by the disposition on the grounds that the punishment is determined by taking into account the defendant's age, occupation, character and conduct, family relationship,

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