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(영문) 서울중앙지방법원 2017.09.15 2017고단4694
공연음란
Text

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

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for an injury at the Seoul Eastern District Court on April 28, 2016, and the judgment became final and conclusive on May 10, 2016, and is currently under suspended sentence.

[Criminal facts]

1. On December 11, 2016, at around 13:35, the Defendant committed an obscene act by openly exposing and exposing a sexual flag with hand in a state of her being exposed to her sexual organ on the street that many and unspecified people, such as Jung-gu Seoul Special Metropolitan City B (54 tax, n, n, etc.) and being exposed to her sexual organ.

2. On December 12, 2016, around 16:40 on December 12, 2016, the Defendant made a public obscene act by putting the sexual flag into her hand and exposing her sexual organ on the street with which many unspecified people, such as Jung-gu Seoul, Seoul (49 years of age, n, etc.), can see, and by exposing her sexual organ.

3. On May 15, 2017, at the entrance entrance entrance of Jung-gu, Seoul Special Metropolitan City E-Ba, the Defendant committed a publicly obscene act by putting her sexual flag into his/her hand and exposing her sexual organ with his/her secret while exposing her sexual organ to the upper end, on which many unspecified people, such as F (Ga name, 41 years of age, and inn) can see, and by exposing her sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Application of the respective laws and regulations in C and D;

1. Relevant legal provisions concerning criminal facts, Article 245 of the Criminal Act selective punishment, and the choice of fines;

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

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. As stated in the reasoning of sentencing of Article 334(1) of the Criminal Procedure Act, the circumstances such as repeated crimes of this case during the suspended execution period are not good.

However, there is no record of punishment for the same crime and sex crime, the full recognition of the crime and reflects on the depth, the treatment of sexual intercourse(exploitation) is being performed, and others.

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