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(영문) 창원지방법원 2018.12.14 2018고단2845
공연음란
Text

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

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

Reasons

Punishment of the crime

Between around 07:40 on August 26, 2018 and around 08:30 on 07:0 on 26, 2018, the Defendant landed from D parks where many unspecified people in the Sungwon-si, Changwon-si, Sungwon-si, have come to the place, and taken the scarb

In the case of the cryp column, bees, bees, etc. installed in a park, the crypists engaged in self-defense and engage in sexual conduct by using the sexual flag.

Accordingly, the Defendant used a patently obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Reports on internal accidents (referring to the details of preparation of statements by the victim's telephone);

1. Application of statutes on field photographs;

1. Article 245 of the Criminal Act applicable to the crime and Article 245 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In light of the proviso of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from the employment restriction order (the Defendant has no record of being punished for a sex offense, and the background and method of committing the instant crime, circumstances after the instant crime, and the effectiveness of preventing recidivism of orders issued by sexual assault treatment programs, etc., the possibility of recidivism will be low.

In addition, comprehensively taking account of the Defendant’s age, sex, occupation, environment, criminal record, risk of recidivism, anticipated side effects of the Defendant’s disadvantage and anticipated side effects, and the prevention effect of sexual crimes that may be achieved therefrom, there are special circumstances in which the Defendant may not significantly lower risk of recidivism or restrict employment.

The reason for sentencing is that the Defendant committed an open and obscene act, such as: (a) the housing that is frequently used by many and unspecified neighbors, leaving out in a park, and taking out sexual organ in a park; and (b) self-defensive act; and (c) the case is not

However, the defendant reflects his fault in depth.

At the time, any park is located in the park.

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