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Reasons
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(영문) 광주지방법원 2015.06.19 2014고단2658
공연음란
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On December 3, 2013, the Defendant committed an obscene act, such as finding out that the Defendant is prone in front of the sentiments of the KBC Gwangju Broadcasting Station located at the center of Nam-gu, Nam-gu, Gwangju, 87 (west-ro), and the victim C (WC) is prone, and following the victim’s back habits, and harming the victim’s back habits, and committing self-defeasing the act of attacking the victim’s sexual organ out of his sexual organ.

2. On May 23, 2014, the Defendant started the act of self-defense in front of the entrance of the Gwangju metropolitan school located in 370-gil-ro 22-3 (Gudong), Nam-gu, Nam-gu, Gwangju, by finding out that the victim D (n, 20 years old), followed the victim's rear habits, and followed the victim's back habits, and by taking the victim's sexual organ out of his/her inner organ as a knife.

From that time to 23:00 on the same day, the Defendant continued to engage in an obscene act for self-defense in the same way by following about 500 meters of victims of sexual elementary school through the front of the sending of KBC Gwangju Broadcasting Station located in the same city 87 (west-dong), and continued to engage in an obscene act in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the statement of each police officer to D and D, name E;

1. Article 245 of the Criminal Act concerning the facts constituting the crime;

1. Optional fine;

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. Reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order : The defendant reflects the crime of this case; there is no criminal record against the defendant; the defendant, on the first hand, has low intelligence and the defendant is trying to work in public service and to live in good faith. - Circumstances in which the victim’s damage is not recovered.

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