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(영문) 춘천지방법원 강릉지원 2019.05.07 2019고정72
공연음란
Text

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

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

Reasons

Punishment of the crime

1. On October 4, 2018, between 08:35 and 08:40 on October 4, 2018, the Defendant opened a gate in front of the Defendant’s residential gate in Gangnam-si B and opened it to view it to an unspecified number of unspecified people, such as C (12 years of age and inn).

2. On November 5, 2018, between 08:35 and 08:40 on November 5, 2018, the Defendant opened a gate in front of the Defendant’s residential gate as described in paragraph (1) and opened it to view it to a large number of unspecified people, such as D (13 years of age and inn).

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A report on internal investigation (on-site photograph report);

1. Application of Acts and subordinate statutes to investigation reports (related to statements made by reporters and suspects E);

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the crime two times, and that it appears that the mental impulse suffered by female students who observed the defendant's crime appears to have occurred on the sloping paths, that the defendant was punished for the same kind of crime, and that in light of the witness's statement, etc., the argument about the circumstances of the crime appears to be merely a vindication. In addition, in consideration of the defendant's age, character and behavior, environment, circumstances after the crime, etc., various sentencing conditions specified in the records and arguments of this case shall be determined as ordered.

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