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(영문) 서울동부지방법원 2020.02.13 2019고단3667
공연음란
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On June 27, 2019, the Defendant committed a crime on June 27, 2019: (a) around 23:10, at the 15th floor emergency stairs room in Songpa-gu Seoul Metropolitan Government B apartment (total 16th floor) that ordinarily uses to put the front corridor to the rooftop capacity; (b) discovered C (a name and a female) that walks the front corridor into a corridor; (c) walked into a corridor; and (d) checked the back habit of C with his sexual organ taken out out of his sexual organ, thereby openly obscene act by using a scambling method below.

2. On August 4, 2019, the Defendant committed the crime of August 4, 2019, at the emergency stairs room as described in the above paragraph (1) around August 18:11, 2019, the Defendant publicly imprisoned the hallway by inserting hand into the half-round part of the period deemed by the above C while waiting to commit self-defense.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement made to C (alias);

1. Relevant Articles of the Criminal Act and Articles 245 of the Criminal Act concerning the crimes;

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

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. There is no record of criminal punishment against the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the defendant denies a part of the crime by an investigative agency, but at the time of this court, the defendant recognized all the crimes in this case and against his mistake, as well as all the sentencing conditions stated in the arguments in this case, including the defendant's age, character, character, environment, environment, family relationship, health conditions, circumstances after the crime, frequency and degree of obscenity, etc. shall be comprehensively considered.

The defendant's age, occupation, social ties, records of crimes, details and motive of crimes, methods and results of crimes, risk of recidivism, etc. are exempted from the employment restriction order.

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