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(영문) 인천지방법원 2021.01.28 2020고단9420
공연음란
Text

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

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

Reasons

Punishment of the crime

On August 25, 2020, around 07:10 on August 25, 2020, the Defendant openly obscenityd at public places, such as exposure of the bus stops around the south-gu Incheon Metropolitan City, Incheon, to the unspecified women and players in the bus stops around the bus under the influence of alcohol, and exposure of the sexual organ to the women getting out of the bus.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of 112 Report on Investigation of Table 112 to Report Processing of Reported Cases (the 4,7)

1. Article 245 of the Criminal Act and the selection of fines concerning the facts constituting the crime;

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 main sentence of Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, recognizes his mistake.

However, the defendant has been punished once by a fine for the same kind of crime, taking into account the following factors: the defendant's age, sex, environment, relationship with the victim, circumstances after the crime, etc., and all the sentencing conditions shown in the records and arguments of this case shall be determined as ordered.

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