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Reasons
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(영문) 부산지방법원 동부지원 2020.06.10 2019고단635
공연음란
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

"2019 Highest 635"

1. On April 15, 2019, the Defendant committed a publicly obscene act in a manner that exposes knene and knee, exposing a large number of persons, such as C (70 years of age), around April 14:50, 2019, prior to the Busan Suwon-gu B construction site, by exposing knene and exposing kne, and exposing kne.

2. The Defendant committed the crime of April 17, 2019, around 08:35, around April 17, 2019, committed an obscene act openly obscene in a manner that exposes a large number of persons, such as F (F, 20 years of age), around the E-young store located in Suwon-gu, Busan, to the knee under the knee, exposing a sex flag and knee, sits, or returns back to the kne.

around 13:40 on April 20, 2019, the Defendant made a public obscene act by exposing the sexual organ and exposing the sexual organ with his hand while exposing a large number of players, such as I (n, 52 years of age) around H real estate located in Busan Maritime Daegu G, and exposing them.

Summary of Evidence

"2019 Highest 635"

1. Each police interrogation protocol against the accused;

1. Written statements of C, J and F;

1. Photographss attached at the time of reporting and CCTV closure photographs "2019, 883";

1. Police suspect interrogation protocol of the accused;

1. Statement of the police officer to I;

1. Application of statutes on site photographs;

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning criminal facts and the choice of fines;

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

1. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (applicable to cases where it is deemed difficult to complete program normally considering the mental state of the accused

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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