(영문) 서울남부지방법원 2014.04.25 2013고단3088

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(영문) 서울남부지방법원 2014.04.25 2013고단3088

공연음란

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 02:50 on May 27, 2013, the Defendant discovered that D (n) walked on the front side of Gangseo-gu Seoul Metropolitan Government C, and carried out an obscene act by openly committing self-defensing, i.e., the Defendant carried out the said D and her clothes towards the D and her sexual organ cut off, and then thrown her sexual organ by hand.

Summary of Evidence

1. The legal statement of witness D and E;

1. Application of D’s written statement statement statutes

1. Relevant Article 245 of the Criminal Act concerning the facts constituting an offense and Article 245 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. While the Defendant denies the instant crime under Article 334(1) of the Criminal Procedure Act, the Defendant’s grounds for conviction under Article 334(1) of the Criminal Procedure Act denies the Defendant’s obscene act from the investigative agency to this court. However, in light of the following: (a) the Defendant’s statement that witnessed the Defendant’s obscene act is consistent from the investigative agency to the investigation agency; (b) the content of the statement is also consistent with the Defendant’s appearance; (c) the form of panty that the Defendant suffered; and (d) the victim who was unaware of the Defendant does not seem to have any special circumstance to make the Defendant’s false statement unfavorable to the Defendant; and (b) the Defendant’

For the reason of sentencing, the degree of public performance and obscenity by the instant crime, the defendant denies the instant crime, the defendant has no same criminal record and has no criminal record of suspended execution or more, and the circumstances, means, methods, and results of the instant crime shall be determined by taking into account the following factors:

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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