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(영문) 서울중앙지방법원 2021.02.24 2020고단8606
공연음란등
Text

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

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

Reasons

Criminal facts

1. On July 8, 2020, around 04:10 on July 8, 2020, the Defendant obscenity d (e.g., 23 years old) frighted in the front of the C in Jung-gu Seoul Metropolitan Government, and obscenity frighted with a cellular phone and playback of obscene images, and performed a public obscenity act for one minute.

2. On July 8, 2020, the Defendant was driving approximately 2.4 cc. from Jung-gu, Seoul Central District Court Decision 2.4cc., which was owned by G, the father, without a bicycle driver’s license, from the front day of the shop of Otoba in Jung-gu to the front day of the shop of Otoba in Jung-gu, Seoul to the front day of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (verification of on-site CCTV);

1. Application of Acts and subordinate statutes to report on investigation (verification of suspect driver's license and confirmation of holding of error);

1. Relevant Article of the Criminal Act, Article 245 of the Criminal Act, Article 154 Subparag. 2 and Article 43 of the Road Traffic Act, and the selection of fines for the crime;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of punishments prescribed for each crime as stated in the judgment) shall be aggravated for concurrent crimes;

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

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

1. The defendant's crime of sentencing under Article 334 (1) of the Criminal Procedure Act is not good in light of the circumstances, contents, etc. of the crime, and the defendant has been punished for the same kind of crime.

However, the defendant is committing a crime against his fault while committing a crime.

The punishment as ordered shall be determined by taking into account the above circumstances and the Defendant’s age, sex and environment, the background and consequence of the crime, the circumstances after the crime, and other circumstances that form the conditions for sentencing as shown in the instant records and theories, such as the circumstances after the crime.

The defendant enters the military court due to the defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, and order of employment restriction.

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