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(영문) 부산지방법원 서부지원 2018.09.14 2018고단1465
공연음란
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant, on December 6, 2017, inside the coffee outdoor set at Ccoff, located in Busan Island B around December 03:24, 2017.

D ( South, 19 years old) opened a brotoer to see that he had publicly committed obscene acts, such as taking the sexual organ back and committing self-defacing acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the report of investigation;

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

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. The defendant's age, occupation, family environment, social relationship, criminal record and risk of recidivism, motive, method and result of the crime of this case, the degree of disadvantage and anticipated side effects of the defendant's entry due to the employment restriction order, prevention of sex crimes that may be achieved due to such order, and effect of protecting the victims, there are special circumstances that may not restrict the employment of the juvenile-related institutions, etc.

Since it is determined, an employment restriction order shall not be issued to the defendant pursuant to the proviso of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reasons for sentencing are as follows: (a) the defendant recognized the crime of this case as the defendant has committed the crime of this case in depth, (b) the defendant has no record of the same kind, (c) and (d) the conditions for all kinds of sentencing as shown in the records and arguments of this case,

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