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Reasons
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(영문) 대전지방법원 천안지원 2016.09.23 2016고단1317
공연음란
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

The defendant is working for the defendant to sell through a truck at the front bus stops in the Asan City, B apartment house, using the truck.

1. On June 6, 2016, around June 2016, the Defendant committed an obscene act by inserting female students, such as C (n, 16 years old), who passed the said place at the said place, and inserting one hand into his/her hand, and then putting his/her sexual organ into the front and following booming act.

2. On June 13, 2016, the Defendant was seated to wait for a bus at the aforementioned place around 20:00 on June 13, 2016, at the same time and at that place.

Along with female students such as D (n, 16 years of age), one hand was added to his/her own sexual organ, and then he/she used his/her own sexual organ to engage in an obscene act publicly by committing a self-defense.

3. The Defendant was committing the crime around June 16, 2016 at the above place around 19:10 on June 16, 2016.

Along with female students, such as E (n, 16 years of age), put one hand into the inner part of them, and openly imprison his sexual organ before and after his sexual organ, thereby committing an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, D, E, F, G, H, and I;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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