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(영문) 창원지방법원 2019.10.02 2019고단1975
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

Criminal facts

At around 19:30 on May 16, 2019, the Defendant: (a) boarded a bicycle on the backway of the bus stops of the C Elementary School C, which was located in Jinhae-si B, Changwon-si; and (b) revealed the inner organs of the inner organs, and continuously, around May 16, 2019, the Defendant: (c) laid a bicycle on the front of the F Library, left the her inner organs on his bicycle and her hand; and (d) embling it.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on suspected bicycles and photographs;

1. Article 245 of the Criminal Act and Article 245 of the Criminal Act concerning the crime, the choice of fines;

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

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

1. In full view of the following circumstances: (a) the Defendant’s age to exempt the employment restriction order under Article 334(1) of the Criminal Procedure Act; (b) type of crime; (c) criminal records; and the social benefits expected by the employment restriction order; and (c) the prevention effect of sexual crimes; and (d) the disadvantage and anticipated side effects of the Defendant, etc., the Defendant is determined as having special circumstances where the employment restriction order shall not be issued to the child or juvenile-related institution, etc. and welfare facilities for the disabled; and (d) accordingly, the Defendant is not subject to an employment restriction order under the proviso to Article 56(

The reason for sentencing shall be determined as ordered by comprehensively taking into account the various factors of sentencing as shown in the trial process of this case, such as the criminal records, age, character and conduct, environment, motive, means and consequence, etc. of the defendant's crime of this case, and the circumstances after the crime.

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