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(영문) 부산지방법원 2019.02.20 2018고단4916
공연음란
Text

1. The defendant shall be punished by a fine of five million won;

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

Reasons

Punishment of the crime

On June 10, 2018, from around 12:50 to 12:56, the Defendant: (a) laid down his bomer from the city bus that passed through the Busan Geum-gu B, and laid down his bomer from the city bus, and laid down his bomer, and then cut off the bridge of D (18 years of age) where he was seated at the seat of the bomer window, and cut down his her sexual organ by hand.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Each police statement made to D and E;

2. Closed-circuit television (CCTV) image stored in the CD;

3. Application of Acts and subordinate statutes to reporting investigations by prosecutors and police;

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

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

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

4. Grounds for sentencing in the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

1. Scope of applicable sentences under law: Fines of 50,000 to 5 million won; and

2. The sentencing criteria are not set for the crimes of this case, for which the sentencing criteria are not set.

This case is that the defendant had openly committed an obscene act by viewing the victim who was seated in the seat suitable for the city bus at a low level and by unloading his/her inner flag and self-defenseing it, and it is not good that the crime is committed and is committed.

It seems that the victim, who was a female under 18 years of age who observed the criminal act of the defendant, was suffering from considerable mental shock and pain as well as sexual humiliation and Malitha.

Nevertheless, while denying the instant crime, the Defendant appears to have been aware of his criminal responsibility, or to have been mitigated even if he was imprisoned, the Defendant did not compensate the victim for the damage or have not received a written instruction.

However, the defendant seems to have committed the crime of this case on the same occasion, and the criminal punishment is different except for fines imposed once due to drinking driving.

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